Victorian Consolidated Legislation

Electronic Transactions (Victoria) Act 2000 - SECT 8

Writing

8. Writing



(1) If, by or under a law of this jurisdiction, a person is required to give
information in writing, that requirement is taken to have been met if the
person gives the information by means of an electronic communication, where-

   (a)  at the time the information was given, it was reasonable to expect
        that the information would be readily accessible so as to be useable
        for subsequent reference; and

   (b)  the person to whom the information is required to be given consents to
        the information being given by means of an electronic communication.

(2) If, by or under a law of this jurisdiction, a person is permitted to give
information in writing, the person may give the information by means of an
electronic communication, where-

   (a)  at the time the information was given, it was reasonable to expect
        that the information would be readily accessible so as to be useable
        for subsequent reference; and

   (b)  the person to whom the information is permitted to be given consents
        to the information being given by means of an electronic
        communication.

(3) 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 information to be given, 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.

(4) This section applies to a requirement or permission to give information,
whether the expression "give", "send" or "serve", or any other expression, is
used.

(5) For the purposes of this section, giving information includes, but is not
limited to, the following-

   (a)  making an application;

   (b)  making or lodging a claim;

   (c)  giving, sending or serving a notification;

   (d)  lodging a return;

   (e)  making a request;

   (f)  making a declaration;

   (g)  lodging or issuing a certificate;

   (h)  making, varying or cancelling an election;

        (i)    lodging an objection;

   (j)  giving a statement of reasons.

Note Section 12 provides for exemptions from this section.