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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Year 2000 Information Disclosure Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 1
3. Definitions 2
4. Crown to be bound 2
PART 2--YEAR 2000 DISCLOSURE STATEMENTS 4
5. Year 2000 disclosure statements 4
6. Original Year 2000 disclosure statements 4
7. Republished Year 2000 disclosure statements 6
PART 3--PROTECTION FROM CIVIL LIABILITY 7
8. Protection from civil actions 7
9. Exceptions 7
10. False or misleading statement exception--explanatory statement
to be given 10
11. False or misleading statement exception--imputed knowledge 11
PART 4--PRESUMPTION AGAINST AMENDMENT OF
CONTRACTS 13
12. Presumption against amendment of contracts 13
PART 5--EXEMPTION FROM SECTION 45 OF THE
COMPETITION CODE 14
13. Exemption from section 45 of the Competition Code 14
PART 6--GENERAL 17
14. Supreme Court--limitation of jurisdiction 17
15. Regulations 17
NOTES 18
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s. 2
PARLIAMENT OF VICTORIA
A BILL
to encourage the voluntary disclosure and exchange of information
about year 2000 computer problems and remediation efforts and for
other purposes.
Year 2000 Information Disclosure Act
1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to encourage the
voluntary disclosure and exchange of information
5 about year 2000 computer problems and
remediation efforts.
2. Commencement
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(1) This Act, except Part 6, is deemed to have come
into operation on 27 February 19991.
(2) Part 6 comes into operation on the day on which
this Act receives the Royal Assent.
5 3. Definitions
(1) In this Act--
"civil action" has the same meaning as in the
Commonwealth Act and includes a civil
proceeding in a tribunal;
10 "Commonwealth Act" means the Year 2000
Information Disclosure Act 19992 of the
Commonwealth;
"corresponding law" means a law of the
Commonwealth, another State or Territory
15 that corresponds to this Act;
"original Year 2000 disclosure statement" has
the meaning given by section 6;
"republished Year 2000 disclosure statement"
has the meaning given by section 7;
20 "Year 2000 disclosure statement" has the
meaning given by section 5.
(2) Words and expressions used in the
Commonwealth Act and in this Act have the same
respective meanings in this Act as they have in the
25 Commonwealth Act except to the extent that the
context or subject matter otherwise indicates or
requires.
4. Crown to be bound
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This Act binds the Crown, not only in right of
Victoria and also, so far as the legislative power
of the Parliament permits, the Crown in all its
other capacities.
5 _______________
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s. 5
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PART 2--YEAR 2000 DISCLOSURE STATEMENTS
5. Year 2000 disclosure statements
For the purposes of this Act, a Year 2000
disclosure statement is--
5 (a) an original Year 2000 disclosure statement;
or
(b) a republished Year 2000 disclosure
statement.
6. Original Year 2000 disclosure statements
10 (1) For the purposes of this Act, an original Year
2000 disclosure statement is a statement that--
(a) relates solely to any or all of the following--
(i) Year 2000 processing;
(ii) the detection of problems relating to
15 Year 2000 processing;
(iii) the prevention of problems relating to
Year 2000 processing;
(iv) the remediation of problems relating to
Year 2000 processing;
20 (v) the consequences or implications, for
the supply of goods or services, of
problems relating to Year 2000
processing;
(vi) contingency planning, risk
25 management, remediation efforts or
other arrangements for dealing with
consequences or implications referred
to in sub-paragraph (v);
(vii) the consequences or implications, for
30 the activities or capabilities of a person,
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of problems relating to Year 2000
processing;
(viii) contingency planning, risk
management, remediation efforts or
5 other arrangements for dealing with
consequences or implications referred
to in sub-paragraph (vii); and
(b) includes words to the effect that the
statement is a Year 2000 disclosure
10 statement for the purposes of this Act or a
corresponding law; and
(c) includes words to the effect that a person
may be protected by this Act or a
corresponding law from liability for the
15 statement in certain circumstances; and
(d) is made after 27 February 1999 and before
1 July 2001; and
(e) identifies the person who authorised the
statement; and
20 (f) satisfies one of the following conditions--
(i) the statement is made in writing;
(ii) the statement is made in a data storage
device and is capable of being
reproduced in writing from that device
25 (with or without the aid of any other
article or device);
(iii) the statement is made by way of an
electronic communication of writing.
(2) The sub-paragraphs of sub-section (1)(a) do not
30 limit each other.
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(3) A statement is taken to comply with sub-section
(1)(b) and (c) if the statement includes the
following words--
This statement is a Year 2000 disclosure
5 statement for the purposes of the Year 2000
Information Disclosure Act 1999. A person may
be protected by that Act from liability for this
statement in certain circumstances.
7. Republished Year 2000 disclosure statements
10 For the purposes of this Act, a republished Year
2000 disclosure statement is a statement that--
(a) consists of the republication, retransmission,
reproduction, recital or reading aloud of the
whole of an original Year 2000 disclosure
15 statement; and
(b) is made after 27 February 1999 and before
1 July 2001; and
(c) is made--
(i) orally; or
20 (ii) in writing; or
(iii) in a data storage device; or
(iv) by way of an electronic communication
of writing; or
(v) by way of an electronic communication
25 of speech.
_______________
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s. 8
Act No.
PART 3--PROTECTION FROM CIVIL LIABILITY
8. Protection from civil actions
(1) No civil action lies against a person for or in
relation to any matter or thing arising out of, or
5 incidental to, the making of a Year 2000
disclosure statement.
(2) A Year 2000 disclosure statement is not
admissible as evidence against a person in a civil
action to which the person is a party.
10 9. Exceptions
(1) The rules in section 8 do not apply to a person
(the "first person") if--
(a) the Year 2000 disclosure statement is false
or misleading in a material particular and the
15 first person--
(i) knew that the statement was false or
misleading in a material particular; or
(ii) was reckless as to whether the
statement was false or misleading in a
20 material particular; or
(b) all of the following conditions are satisfied--
(i) the Year 2000 disclosure statement was
made to another person (otherwise than
in the other person's capacity as a
25 member of the public or of a section of
the public) in connection with the
formation of a contract;
(ii) the other person, or a representative of
the other person, is a party to the civil
30 action;
(iii) the civil action relates to the contract.
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(2) The rules in section 8 do not apply to a Year 2000
disclosure statement if--
(a) the Year 2000 disclosure statement was
made in fulfilment of an obligation imposed
5 under a contract; or
(b) the Year 2000 disclosure statement was
made in fulfilment of an obligation imposed
under a law of the Commonwealth, a State or
a Territory.
10 (3) The rules in section 8 do not apply to a civil
action if--
(a) all of the following conditions are satisfied--
(i) the Year 2000 disclosure statement was
made for the sole or dominant purpose
15 of inducing persons to acquire goods or
services identified in the statement;
(ii) any of those persons acquired the goods
or services as a consumer;
(iii) the consumer concerned, or a
20 representative of the consumer
concerned, is a party to the civil action;
(iv) the civil action relates to the goods or
services acquired by the consumer; or
(b) all of the following conditions are satisfied--
25 (i) the Year 2000 disclosure statement was
made for the sole or dominant purpose
of inducing a particular consumer to
acquire goods or services identified in
the statement;
30 (ii) the consumer acquired the goods or
services;
(iii) the consumer, or a representative of the
consumer, is a party to the civil action;
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(iv) the civil action relates to the goods or
services acquired by the consumer.
(4) The rules in section 8 do not apply to a civil
action to the extent to which--
5 (a) the civil action consists of proceedings for a
restraining injunction or for declaratory
relief; or
(b) the civil action consists of proceedings
instituted by a person or body under a law of
10 the Commonwealth, a State or a Territory--
(i) in the performance of a regulatory or
enforcement function conferred on the
person or body by such a law; or
(ii) in the exercise of a regulatory or
15 enforcement power conferred on the
person or body by such a law; or
(c) the civil action is an action for infringement
of copyright, a trade mark, a design or a
patent.
20 (5) The paragraphs of sub-sections (1), (2), (3) and
(4) do not limit each other.
(6) Section 4B of the Trade Practices Act 1974 of the
Commonwealth applies for the purposes of sub-
section (3)(a) and (b) of this section in a
25 corresponding way to the way in which it applies
for the purposes of the Trade Practices Act 1974
of the Commonwealth.
(7) For the purposes of sub-section (6), it is to be
assumed that a reference in section 4B of the
30 Trade Practices Act 1974 of the Commonwealth
to services does not include a reference to
financial services (within the meaning of that
Act).
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(8) Section 12BC of the Australian Securities and
Investments Commission Act 1989 of the
Commonwealth applies for the purposes of sub-
section (3)(a) and (b) of this section in a
5 corresponding way to the way in which it applies
for the purposes of Division 2 of Part 2 of that
Act.
10. False or misleading statement exception--
explanatory statement to be given
10 (1) If a civil action is instituted against a person (the
"first person") by another person (the "second
person"), the first person is not entitled to plead or
otherwise rely on the rule in section 8(1) unless--
(a) the first person gives the second person a
15 statement (the "explanatory statement") to
the effect that the first person believes that
the exception set out in section 9(1)(a) is not
applicable; and
(b) the explanatory statement sets out the
20 grounds for that belief; and
(c) the explanatory statement satisfies one of the
following conditions--
(i) the explanatory statement is made in
writing;
25 (ii) the explanatory statement is made in a
data storage device and is capable of
being reproduced in writing from that
device (with or without the aid of any
other article or device);
30 (iii) the explanatory statement is made by
way of an electronic communication of
writing.
(2) If the first person gives the second person an
explanatory statement as mentioned in sub-section
35 (1), the explanatory statement is not admissible in
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s. 11
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any civil action except for the purposes of
determining whether sub-section (1) has been
complied with.
(3) The second person may waive compliance with
5 sub-section (1).
11. False or misleading statement exception--imputed
knowledge
(1) If, in any proceedings arising out of
section 9(1)(a), it is necessary to establish--
10 (a) whether a corporation knew that a Year 2000
disclosure statement was false or misleading
in a material particular; or
(b) whether a corporation was reckless as to
whether a Year 2000 disclosure statement
15 was false or misleading in a material
particular--
it is sufficient to show that--
(c) a director, employee or agent of the
corporation engaged in conduct in relation to
20 the Year 2000 disclosure statement; and
(d) the director, employee or agent was, in
engaging in that conduct, acting within the
scope of his or her actual or apparent
authority; and
25 (e) the director, employee or agent--
(i) knew that the Year 2000 disclosure
statement was false or misleading in a
material particular; or
(ii) was reckless as to whether the Year
30 2000 disclosure statement was false or
misleading in a material particular--
as the case may be.
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(2) If, in any proceedings arising out of
section 9(1)(a), it is necessary to establish--
(a) whether a person other than a corporation
knew that a Year 2000 disclosure statement
5 was false or misleading in a material
particular; or
(b) whether a person other than a corporation
was reckless as to whether a Year 2000
disclosure statement was false or misleading
10 in a material particular--
it is sufficient to show that--
(c) an employee or agent of the person engaged
in conduct in relation to the Year 2000
disclosure statement; and
15 (d) the employee or agent was, in engaging in
that conduct, acting within the scope of his
or her actual or apparent authority; and
(e) the employee or agent--
(i) knew that the Year 2000 disclosure
20 statement was false or misleading in a
material particular; or
(ii) was reckless as to whether the Year
2000 disclosure statement was false or
misleading in a material particular--
25 as the case may be.
(3) A reference in this section to a director includes a
reference to a constituent member of a body
corporate incorporated for a public purpose by a
law of the Commonwealth, a State or a Territory.
30 _______________
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PART 4--PRESUMPTION AGAINST AMENDMENT OF
CONTRACTS
12. Presumption against amendment of contracts
(1) The making of a Year 2000 disclosure statement
5 is taken not to amend, alter or vary a contract
unless--
(a) both--
(i) the parties to the contract have
expressly agreed to the amendment,
10 alteration or variation; and
(ii) that agreement satisfies one of the
conditions set out in sub-section (2); or
(b) the contract expressly provides for the
amendment, alteration or variation by way of
15 the making of a Year 2000 disclosure
statement.
(2) The conditions referred to in sub-section (1)(a)(ii)
are as follows--
(a) the agreement is made in writing;
20 (b) the agreement is embodied in a data storage
device and is capable of being reproduced in
writing from that device (with or without the
aid of any other article or device);
(c) the agreement is made by way of one or
25 more electronic communications in writing.
_______________
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PART 5--EXEMPTION FROM SECTION 45 OF THE
COMPETITION CODE
13. Exemption from section 45 of the Competition Code
(1) Section 45 of the Competition Code of Victoria
5 does not apply to or in relation to--
(a) a contract or arrangement made--
(i) after 27 February 1999; and
(ii) before 1 July 2001; or
(b) an understanding arrived at--
10 (i) after 27 February 1999; and
(ii) before 1 July 2001--
to the extent to which the contract, arrangement or
understanding provides for the disclosure or
exchange of information, or both disclosure and
15 exchange and information, by any or all of the
parties to the contract, arrangement or
understanding, for the sole purpose of facilitating
any or all of the following--
(c) the detection of problems relating to
20 Year 2000 processing;
(d) the prevention of problems relating to
Year 2000 processing;
(e) the remediation of problems relating to
Year 2000 processing;
25 (f) awareness of the consequences or
implications, for the supply of goods or
services, of problems relating to Year 2000
processing;
(g) contingency planning, risk management,
30 remediation efforts or other arrangements for
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dealing with consequences or implications
referred to in paragraph (f);
(h) awareness of the consequences or
implications, for the activities or capabilities
5 of a person, of problems relating to Year
2000 processing;
(i) contingency planning, risk management,
remediation efforts or other arrangements for
dealing with consequences or implications
10 referred to in paragraph (h).
(2) Section 45 of the Competition Code of Victoria
does not apply to or in relation to--
(a) a contract or arrangement proposed to be
made--
15 (i) after 27 February 1999; and
(ii) before 1 July 2001; or
(b) an understanding proposed to be arrived at--
(i) after 27 February 1999; and
(ii) before 1 July 2001--
20 to the extent to which the proposed contract,
arrangement or understanding would provide for
the disclosure or exchange of information, or the
disclosure and exchange of information, by any or
all of the parties to the proposed contract,
25 arrangement or understanding, for the sole
purpose of facilitating any or all of the
following--
(c) the detection of problems relating to
Year 2000 processing;
30 (d) the prevention of problems relating to
Year 2000 processing;
(e) the remediation of problems relating to
Year 2000 processing;
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(f) awareness of the consequences or
implications, for the supply of goods or
services, of problems relating to Year 2000
processing;
5 (g) contingency planning, risk management,
remediation efforts or other arrangements for
dealing with consequences or implications
referred to in paragraph (f);
(h) awareness of the consequences or
10 implications, for the activities or capabilities
of a person, of problems relating to Year
2000 processing;
(i) contingency planning, risk management,
remediation efforts or other arrangements for
15 dealing with consequences or implications
referred to in paragraph (h).
_______________
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s. 14
Act No.
PART 6--GENERAL
14. Supreme Court--limitation of jurisdiction
It is the intention of Part 3 to alter or vary
section 85 of the Constitution Act 1975.
5 15. Regulations
The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
10 Act.
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Year 2000 Information Disclosure Act 1999
Notes
Act No.
NOTES
1
S. 2(1) commencement: This Act complements the Commonwealth Act
which came into operation on 27 February 1999.
2
S. 3(1) def. of "Commonwealth Act": Year 2000 Information Disclosure
Act 1999 of the Commonwealth (Act No. 2 of 1999) received the Royal
Assent on 26 February 1999 and came into operation on 27 February
1999.
By Authority. Government Printer for the State of Victoria.
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Act No.
19
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