After section 12 of the Principal Act , the following Part is inserted:

PART 2A - Additional Provisions Applying to Contracts Involving Electronic Communications

12A.     Application and operation of this Part

This Part applies to the use of electronic communications in connection with the formation or performance of a contract between parties where the proper law of the contract is (or would on its formation be) the law of this jurisdiction, and so applies –

(a) whether some or all of the parties are located within Australia or elsewhere; and

(b) whether the contract is for business purposes, for personal, family or household purposes, or for other purposes.

12B.     Invitation to treat regarding contracts

(1)  A proposal to form a contract made through one or more electronic communications that –

(a) is not addressed to one or more specific parties; and

(b) is generally accessible to parties making use of information systems –

is to be considered as an invitation to make offers, unless it clearly indicates the intention of the party making the proposal to be bound in case of acceptance.

(2)  Subsection (1) extends to proposals that make use of interactive applications for the placement of orders through information systems.

12C.   Use of automated message systems for contract formation – non-intervention of natural person

A contract formed by –

(a) the interaction of an automated message system and a natural person; or

(b) the interaction of automated message systems –

is not invalid, void or unenforceable on the sole ground that no natural person reviewed or intervened in each of the individual actions carried out by the automated message systems or the resulting contract.

12D.   Error in electronic communications regarding contracts

(1)  This section applies in relation to a statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract.

(2)  If –

(a) a natural person makes an input error in an electronic communication exchanged with the automated message system of another party; and

(b) the automated message system does not provide the person with an opportunity to correct the error –

the person, or the party on whose behalf the person was acting, has the right to withdraw the portion of the electronic communication in which the input error was made if –

(c) the person, or the party on whose behalf the person was acting, notifies the other party of the error as soon as possible after having learned of the error and indicates that he or she made an error in the electronic communication; and

(d) the person, or the party on whose behalf the person was acting, has not used or received any material benefit or value from the goods or services, if any, received from the other party.

(3)  The right of withdrawal of a portion of an electronic communication under this section is not of itself a right to rescind or otherwise terminate a contract.

(4)  The consequences (if any) of the exercise of the right of withdrawal of a portion of an electronic communication under this section are to be determined in accordance with any applicable rule of law.

12E.     Application of Act in relation to contracts

(1)  Subject to subsection (2) , the provisions of sections 5 , 11 , 11A and 11B apply to –

(a) a transaction constituted by or relating to a contract; or

(b) an electronic communication relating to the formation or performance of a contract –

in the same way as they apply to a transaction or electronic communication referred to in Part 2 , and so apply as if the words "For the purposes of a law of this jurisdiction" and "under a law of this jurisdiction" were omitted.

(2)  However, this Part (including subsection (1) ) does not apply to or in relation to a contract to the extent that –

(a) Part 2 would of its own force have the same effect as this Part if this Part applied; or

(b) a law of another State or a Territory (that is in substantially the same terms as Part 2 ) would of its own force have the same effect as this Part if this Part applied.