South Australian Consolidated Acts South Australian Consolidated Acts (1) If, under a
law of this jurisdiction, a person is required to produce a document that is
in the form of paper, an article or other material, that requirement is taken
to have been met if the person produces, by means of an
electronic communication, an electronic form of the document, where—
(a)
having regard to all the relevant circumstances at the time the communication
was sent, the method of generating the electronic form of the document
provided a reliable means of assuring the maintenance of the integrity of the
information contained in the document; and
(b) at
the time the communication was sent, it was reasonable to expect that the
information contained in the electronic form of the document would be readily
accessible so as to be useable for subsequent reference; and
(c) the
person to whom the document is required to be produced consents to the
production, by means of an electronic communication, of an electronic form of
the document.
(2) If, under a
law of this jurisdiction, a person is permitted to produce a document that is
in the form of paper, an article or other material, then, instead of producing
the document in that form, the person may produce, by means of an
electronic communication, an electronic form of the document, where—
(a)
having regard to all the relevant circumstances at the time the communication
was sent, the method of generating the electronic form of the document
provided a reliable means of assuring the maintenance of the integrity of the
information contained in the document; and
(b) at
the time the communication was sent, it was reasonable to expect that the
information contained in the electronic form of the document would be readily
accessible so as to be useable for subsequent reference; and
(c) the
person to whom the document is permitted to be produced consents to the
production, by means of an electronic communication, of an electronic form of
the document.
(3) For the purposes
of this section, the integrity of information contained in a document is
maintained if, and only if, the information has remained complete and
unaltered, apart from—
(a) the
addition of any endorsement; or
(b) any
immaterial change,
which arises in the normal course of communication, storage or display.
(4) This section does
not affect the operation of any other law of this jurisdiction that makes
provision for or in relation to requiring or permitting electronic forms of
documents to be produced, in accordance with particular
information technology requirements—
(a) on a
particular kind of data storage device; or
(b) by
means of a particular kind of electronic communication.
Note—
Section 12 sets out exemptions from this section.