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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Electronic Transactions Bill 2001
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Object 2
4. Status of notes 3
5. Definitions 3
6. Crown to be bound 4
Part 2 -- Application of legal
requirements and authorisations to
electronic communications
Division 1 -- General rule about validity of
transactions for the purposes of laws of this
jurisdiction
7. Validity of electronic transactions 5
Division 2 -- Things done under laws of this
jurisdiction
8. Writing 5
9. Signatures 7
10 . Production of document 7
11 . Retention of information and documents 9
12 . Exemptions from this Division 11
Division 3 -- Other provisions relating to laws of
this jurisdiction
13 . Time and place of dispatch and receipt of electronic
communications 12
14 . Attribution of electronic communications 13
page i
38--1
Electronic Transactions Bill 2001
Contents
Part 3 -- Miscellaneous
15 . Regulations 15
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Electronic Transactions Bill 2001
A Bill for
An Act to facilitate electronic transactions, and for other purposes.
The Parliament of Western Australia enacts as follows:
page 1
Electronic Transactions Bill 2001
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Electronic Transactions Act 2001.
2. Commencement
5 (1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Object
The object of this Act is to provide a regulatory framework
10 that --
(a) recognises the importance of the electronic
communication of information to the future economic
and social prosperity of Western Australia;
(b) facilitates the use of electronic communication as a way
15 of entering into transactions;
(c) promotes business and community confidence in the use
of electronic communication as a way of entering into
transactions; and
(d) enables business and the community to use electronic
20 communication in their dealings with government.
Note: These objects are achieved by providing --
(a) that, subject to certain exceptions, a transaction is not
invalid for the purposes of a law of the State because it took
place by electronic communication;
25 (b) that things that can or have to be done under a law of the
State in relation to any of the following matters can generally
be done by electronic communication --
(i) giving information in writing;
(ii) providing a signature;
30 (iii) producing a document;
(iv) recording information;
(v) retaining a document;
page 2
Electronic Transactions Bill 2001
Preliminary Part 1
s. 4
(c) for determining the time and place of the dispatch and
receipt of an electronic communication for the purposes of a
law of the State; and
(d) that the purported originator of an electronic communication
5 is bound by it for the purposes of a law of the State only if
the communication was sent by the purported originator or
with the authority of the purported originator.
4. Status of notes
Notes in this Act are provided to assist understanding and do not
10 form part of the Act.
5. Definitions
In this Act --
"consent" includes consent that can reasonably be inferred from
the conduct of the person concerned, but does not include
15 consent given subject to conditions unless the conditions
are complied with;
"data" includes the whole or part of a computer program within
the meaning of the Copyright Act 1968 of the
Commonwealth;
20 "data storage device" means any article or material (for
example, a disk) from which information is capable of
being reproduced, with or without the aid of any other
article or device;
"electronic communication" means --
25 (a) communication of information in the form of data,
text or images by means of guided or unguided
electromagnetic energy, or both; or
(b) communication of information in the form of sound
by means of guided or unguided electromagnetic
30 energy, or both, where the sound is processed at its
destination by an automated voice recognition
system,
and "an electronic communication" has a corresponding
meaning;
page 3
Electronic Transactions Bill 2001
Part 1 Preliminary
s. 6
"information" means information in the form of data, text,
images or sound;
"information system" means a system for generating, sending,
receiving, storing or otherwise processing electronic
5 communications;
"information technology requirements" includes software
requirements;
"law of this jurisdiction" means any law of this jurisdiction,
whether written or unwritten, but does not include a law of
10 the Commonwealth;
"non-profit body" means a body that is not carried on for the
purposes of profit or gain to its individual members and is,
by the terms of the body's constitution, prohibited from
making any distribution, whether in money, property or
15 otherwise, to its members;
"place of business", in relation to a government, an authority of
a government or a non-profit body, means a place where
any operations or activities are carried out by that
government, authority or body;
20 "this jurisdiction" means Western Australia;
"transaction" includes any transaction in the nature of a
contract, agreement or other arrangement, and also includes
any transaction of a non-commercial nature.
6. Crown to be bound
25 This Act binds the Crown in right of Western Australia and, in
so far as the legislative power of Parliament permits, the Crown
in all its other capacities.
page 4
Electronic Transactions Bill 2001
Application of legal requirements and authorisations to Part 2
electronic communications
General rule about validity of transactions for the purposes of Division 1
laws of this jurisdiction
s. 7
Part 2 -- Application of legal requirements and
authorisations to electronic communications
Division 1 -- General rule about validity of transactions for the
purposes of laws of this jurisdiction
5 7. Validity of electronic transactions
(1) For the purposes of a law of this jurisdiction, a transaction is not
invalid because it took place wholly or partly by electronic
communication.
(2) The general rule in subsection (1) does not apply in relation to
10 the validity of a transaction to the extent to which another, more
specific, provision of this Part deals with the validity of the
transaction.
(3) The regulations may provide that subsection (1) does not apply
to a specified transaction or specified class of transactions.
15 (4) The regulations may provide that subsection (1) does not apply
to a specified law of this jurisdiction.
Division 2 -- Things done under laws of this jurisdiction
8. Writing
(1) If, under a law of this jurisdiction, a person is required to give
20 information in writing, that requirement is taken to have been
met if the person gives the information by electronic
communication, where --
(a) at the time the information was given, it was reasonable
to expect that the information would be readily
25 accessible then and for subsequent reference; and
(b) the person to whom the information is required to be
given consents to the information being given by
electronic communication.
page 5
Electronic Transactions Bill 2001
Part 2 Application of legal requirements and authorisations to
electronic communications
Division 2 Things done under laws of this jurisdiction
s. 8
(2) If, under a law of this jurisdiction, a person is permitted to give
information in writing, the person may give the information by
electronic communication, where --
(a) at the time the information was given, it was reasonable
5 to expect that the information would be readily
accessible then and for subsequent reference; and
(b) the person to whom the information is permitted to be
given consents to the information being given by
electronic communication.
10 (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
15 (b) by 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,
20 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;
25 (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;
30 (j) giving a statement of reasons.
Note: Section 12 sets out exemptions from this section.
page 6
Electronic Transactions Bill 2001
Application of legal requirements and authorisations to Part 2
electronic communications
Things done under laws of this jurisdiction Division 2
s. 9
9. Signatures
(1) If, under a law of this jurisdiction, the signature of a person is
required, that requirement is taken to have been met in relation
to an electronic communication if --
5 (a) a method is used to identify the person and to indicate
the person's approval of the information communicated;
(b) having regard to all the relevant circumstances at the
time the method was used, the method was as reliable as
was appropriate for the purposes for which the
10 information was communicated; and
(c) the person to whom the signature is required to be given
consents to that requirement being met by the use of the
method mentioned in paragraph (a).
(2) This section does not affect the operation of any other law of
15 this jurisdiction that makes provision for or in relation to
requiring --
(a) an electronic communication to contain an electronic
signature (however described);
(b) an electronic communication to contain a unique
20 identification in an electronic form; or
(c) a particular method to be used in relation to an
electronic communication to identify the originator of
the communication and to indicate the originator's
approval of the information communicated.
25 Note: Section 12 sets out exemptions from this section.
10. Production of document
(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
30 person produces, by electronic communication or otherwise, an
electronic form of the document, where --
(a) having regard to all the relevant circumstances at the
time the document was produced, the method of
page 7
Electronic Transactions Bill 2001
Part 2 Application of legal requirements and authorisations to
electronic communications
Division 2 Things done under laws of this jurisdiction
s. 10
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;
(b) at the time the document was produced, it was
5 reasonable to expect that the information contained in
the electronic form of the document would be readily
accessible then and for subsequent reference; and
(c) the person to whom the document is required to be
produced consents to the production of an electronic
10 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 electronic communication or
15 otherwise, an electronic form of the document, where --
(a) having regard to all the relevant circumstances at the
time the document was produced, the method of
generating the electronic form of the document provided
a reliable means of assuring the maintenance of the
20 integrity of the information contained in the document;
(b) at the time the document was produced, it was
reasonable to expect that the information contained in
the electronic form of the document would be readily
accessible then and for subsequent reference; and
25 (c) the person to whom the document is permitted to be
produced consents to the production 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
30 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.
page 8
Electronic Transactions Bill 2001
Application of legal requirements and authorisations to Part 2
electronic communications
Things done under laws of this jurisdiction Division 2
s. 11
(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
5 requirements --
(a) on a particular kind of data storage device; or
(b) by a particular kind of electronic communication.
Note: Section 12 sets out exemptions from this section.
11. Retention of information and documents
10 (1) If, under a law of this jurisdiction, a person is required to record
information in writing, that requirement is taken to have been
met if the person records the information in electronic form,
where --
(a) at the time of the recording of the information, it was
15 reasonable to expect that the information would be
readily accessible for subsequent reference; and
(b) if the regulations require that the information be
recorded on a particular kind of data storage device, that
requirement has been met.
20 (2) If, under a law of this jurisdiction, a person is required to retain,
for a particular period, 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 retains the document, or causes another
person to retain the document, on a data storage device
25 throughout that period, where --
(a) having regard to all the relevant circumstances at the
time of recording the document on the data storage
device, the method of retaining the document provided a
reliable means of assuring the maintenance of the
30 integrity of the information contained in the document;
(b) at the time of recording the document on the data
storage device, it was reasonable to expect that the
information so recorded would be readily accessible for
reference throughout that period; and
page 9
Electronic Transactions Bill 2001
Part 2 Application of legal requirements and authorisations to
electronic communications
Division 2 Things done under laws of this jurisdiction
s. 11
(c) if the regulations require that the document be retained
on a particular kind of data storage device, that
requirement has been met throughout that period.
(3) For the purposes of subsection (2), the integrity of information
5 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
10 display.
(4) If, under a law of this jurisdiction, a person (the "first person")
is required to retain, for a particular period, information that was
the subject of an electronic communication, that requirement is
taken to have been met if the first person retains the
15 information, or causes another person to retain the information,
on a data storage device throughout that period, where --
(a) at the time of commencement of the retention of the
information, it was reasonable to expect that the
information would be readily accessible for reference
20 throughout that period;
(b) having regard to all the relevant circumstances at the
time of commencement of the retention of the
information, the method of retaining the information
provided a reliable means of assuring the maintenance
25 of the integrity of the information contained in the
electronic communication;
(c) throughout that period, the first person also retains, or
causes the other person to retain, on a data storage
device, such additional information obtained by the first
30 person as is sufficient to enable the identification of the
following --
(i) the origin of the electronic communication;
(ii) the destination of the electronic communication;
page 10
Electronic Transactions Bill 2001
Application of legal requirements and authorisations to Part 2
electronic communications
Things done under laws of this jurisdiction Division 2
s. 12
(iii) the time when the electronic communication was
sent;
(iv) the time when the electronic communication was
received;
5 (d) at the time of commencement of the retention of the
additional information covered by paragraph (c), it was
reasonable to expect that the additional information
would be readily accessible for reference throughout
that period; and
10 (e) if the regulations require that the information be retained
on a particular kind of data storage device, that
requirement has been met throughout that period.
(5) For the purposes of subsection (4), the integrity of information
that was the subject of an electronic communication is
15 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
20 display.
Note: Section 12 sets out exemptions from this section.
12. Exemptions from this Division
(1) The regulations may provide that this Division, or a specified
provision of this Division, does not apply to a specified
25 requirement or specified class of requirements.
(2) The regulations may provide that this Division, or a specified
provision of this Division, does not apply to a specified
permission or specified class of permissions.
(3) The regulations may provide that this Division, or a specified
30 provision of this Division, does not apply to a specified law of
this jurisdiction.
page 11
Electronic Transactions Bill 2001
Part 2 Application of legal requirements and authorisations to
electronic communications
Division 3 Other provisions relating to laws of this jurisdiction
s. 13
Division 3 -- Other provisions relating to laws of
this jurisdiction
13. Time and place of dispatch and receipt of electronic
communications
5 (1) For the purposes of a law of this jurisdiction, if an electronic
communication enters a single information system outside the
control of the originator, then, unless otherwise agreed between
the originator and the addressee of the electronic
communication, the dispatch of the electronic communication
10 occurs when it enters that information system.
(2) For the purposes of a law of this jurisdiction, if an electronic
communication enters successively 2 or more information
systems outside the control of the originator, then, unless
otherwise agreed between the originator and the addressee of
15 the electronic communication, the dispatch of the electronic
communication occurs when it enters the first of those
information systems.
(3) For the purposes of a law of this jurisdiction, if the addressee of
an electronic communication has designated an information
20 system for the purpose of receiving electronic communications,
then, unless otherwise agreed between the originator and the
addressee of the electronic communication, the time of receipt
of the electronic communication is the time when the electronic
communication enters that information system.
25 (4) For the purposes of a law of this jurisdiction, if the addressee of
an electronic communication has not designated an information
system for the purpose of receiving electronic communications,
then, unless otherwise agreed between the originator and the
addressee of the electronic communication, the time of receipt
30 of the electronic communication is the time when the receipt of
the electronic communication comes to the attention of the
addressee.
page 12
Electronic Transactions Bill 2001
Application of legal requirements and authorisations to Part 2
electronic communications
Other provisions relating to laws of this jurisdiction Division 3
s. 14
(5) For the purposes of a law of this jurisdiction, unless otherwise
agreed between the originator and the addressee of an electronic
communication --
(a) the electronic communication is taken to have been
5 dispatched from the originator's place of business; and
(b) the electronic communication is taken to have been
received at the addressee's place of business.
(6) For the purposes of the application of subsection (5) to an
electronic communication --
10 (a) if the originator or addressee has more than one place of
business, and one of those places has a closer
relationship to the underlying transaction, it is to be
assumed that that place of business is the originator's or
addressee's only place of business;
15 (b) if the originator or addressee has more than one place of
business, but paragraph (a) does not apply, it is to be
assumed that the originator's or addressee's principal
place of business is the originator's or addressee's only
place of business; and
20 (c) if the originator or addressee does not have a place of
business, it is to be assumed that the originator's or
addressee's place of business is the place where the
originator or addressee ordinarily resides.
(7) The regulations may provide that this section does not apply to a
25 specified electronic communication or specified class of
electronic communications.
(8) The regulations may provide that this section does not apply to a
specified law of this jurisdiction.
14. Attribution of electronic communications
30 (1) For the purposes of a law of this jurisdiction, unless otherwise
agreed between the purported originator and the addressee of an
electronic communication, the purported originator of the
page 13
Electronic Transactions Bill 2001
Part 2 Application of legal requirements and authorisations to
electronic communications
Division 3 Other provisions relating to laws of this jurisdiction
s. 14
electronic communication is bound by that communication only
if the communication was sent by the purported originator or
with the authority of the purported originator.
(2) Subsection (1) does not affect the operation of a law of this
5 jurisdiction that makes provision for --
(a) conduct engaged in by a person within the scope of the
person's actual or apparent authority to be attributed to
another person; or
(b) a person to be bound by conduct engaged in by another
10 person within the scope of the other person's actual or
apparent authority.
(3) The regulations may provide that this section does not apply to a
specified electronic communication or specified class of
electronic communications.
15 (4) The regulations may provide that this section does not apply to a
specified law of this jurisdiction.
(5) Subject to the regulations, this Act applies, with any necessary
modifications, to conduct referred to in subsection (2).
page 14
Electronic Transactions Bill 2001
Miscellaneous Part 3
s. 15
Part 3 -- Miscellaneous
15. Regulations
The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
5 necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
page 15
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