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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Year 2000 Information Disclosure Bill 1999
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Definitions 2
4. Crown bound 2
Part 2 -- Year 2000 disclosure statements
5. Year 2000 disclosure statements 3
6. Original Year 2000 disclosure statements 3
7. Republished Year 2000 disclosure statements 5
Part 3 -- Protection from civil liability
8. Protection from civil actions 6
9. Exceptions 6
10 . False or misleading statement exception --
explanatory statement to be given 9
11 . False or misleading statement exception -- imputed
knowledge 10
page i
86--1
Year 2000 Information Disclosure Bill 1999
Contents
Part 4 -- Presumption against amendment of
contracts
12 . Presumption against amendment of contracts 12
Part 5 -- Exemption from section 45 of the
Competition Code
13 . Exemption from section 45 of the Competition
Code 13
Part 6 -- Regulations
14 . Regulations 16
page ii
Western Australia
LEGISLATIVE COUNCIL
Year 2000 Information Disclosure Bill 1999
A Bill for
An Act to encourage the voluntary disclosure and exchange of
information about Year 2000 computer problems and remediation
efforts; and for other purposes.
The Parliament of Western Australia enacts as follows:
page 1
Year 2000 Information Disclosure Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Year 2000 Information Disclosure
Act 1999.
5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. Definitions
(1) In this Act --
10 "civil action" has the same meaning as in the Commonwealth
Act and includes a civil proceeding before a tribunal;
"Commonwealth Act" means the Year 2000 Information
Disclosure Act 1999 of the Commonwealth;
"corresponding law" means a law of the Commonwealth,
15 another State, or a Territory, 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) An expression in this Act that is given a particular meaning by
the Commonwealth Act has the same meaning in this Act,
unless the contrary intention appears.
25 4. Crown bound
This Act binds the Crown in right of the State and, subject to the
limits of the legislative power of the State, the Crown in all its
other capacities.
page 2
Year 2000 Information Disclosure Bill 1999
Year 2000 disclosure statements Part 2
s. 5
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 (see
section 6); or
(b) a republished Year 2000 disclosure statement (see
section 7).
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 Year 2000
15 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 management,
remediation efforts or other arrangements for
25 dealing with consequences or implications
referred to in subparagraph (v);
(vii) the consequences or implications, for the
activities or capabilities of a person, of problems
relating to Year 2000 processing;
page 3
Year 2000 Information Disclosure Bill 1999
Part 2 Year 2000 disclosure statements
s. 6
(viii) contingency planning, risk management,
remediation efforts or other arrangements for
dealing with consequences or implications
referred to in subparagraph (vii);
5 (b) includes words to the effect that the statement is a
Year 2000 disclosure statement for the purposes of this
Act or a corresponding law;
(c) includes words to the effect that a person may be
protected by this Act or a corresponding law from
10 liability for the statement in certain circumstances;
(d) is made after 27 February 1999 and before 1 July 2001;
(e) identifies the person who authorized the statement; and
(f) satisfies one of the following conditions --
(i) the statement is made in writing;
15 (ii) the 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);
(iii) the statement is made by way of an electronic
20 communication of writing.
(2) The subparagraphs of subsection (1)(a) do not limit each other.
(3) A statement is taken to comply with subsection (1)(b) and (c) if
the statement includes the following words:
This statement is a Year 2000 disclosure statement for
25 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.
page 4
Year 2000 Information Disclosure Bill 1999
Year 2000 disclosure statements Part 2
s. 7
7. Republished Year 2000 disclosure statements
For the purposes of this Act, a republished Year 2000 disclosure
statement is a statement that --
(a) consists of the republication, retransmission,
5 reproduction, recital or reading aloud of the whole of an
original Year 2000 disclosure statement;
(b) is made after 27 February 1999 and before 1 July 2001;
and
(c) is made --
10 (i) orally;
(ii) in writing;
(iii) in a data storage device;
(iv) by way of an electronic communication of
writing; or
15 (v) by way of an electronic communication of
speech.
page 5
Year 2000 Information Disclosure Bill 1999
Part 3 Protection from civil liability
s. 8
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 incidental to, the making of a
5 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.
9. Exceptions
(1) The rules in section 8 do not apply to a person (the "first
10 person") if --
(a) the Year 2000 disclosure statement is false or
misleading in a material particular and the first
person --
(i) knew that the statement was false or misleading
15 in a material particular; or
(ii) was reckless as to whether the statement was
false or misleading in a material particular;
or
(b) all of the following conditions are satisfied --
20 (i) the Year 2000 disclosure statement was made to
another person (otherwise than in the other
person's capacity as a member of the public or of
a section of the public) in connection with the
formation of a contract;
25 (ii) the other person, or a representative of the other
person, is a party to the civil action;
(iii) the civil action relates to the contract.
page 6
Year 2000 Information Disclosure Bill 1999
Protection from civil liability Part 3
s. 9
(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 under a contract; or
5 (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.
(3) The rules in section 8 do not apply to a civil action if --
(a) all of the following conditions are satisfied --
10 (i) the Year 2000 disclosure statement was made for
the sole or dominant purpose of inducing persons
to acquire goods or services identified in the
statement;
(ii) any of those persons acquired the goods or
15 services as a consumer;
(iii) the consumer concerned, or a representative of
the consumer concerned, is a party to the civil
action;
(iv) the civil action relates to the goods or services
20 acquired by the consumer;
or
(b) all of the following conditions are satisfied --
(i) the Year 2000 disclosure statement was made for
the sole or dominant purpose of inducing a
25 particular consumer to acquire goods or services
identified in the statement;
(ii) the consumer acquired the goods or services;
(iii) the consumer, or a representative of the
consumer, is a party to the civil action;
30 (iv) the civil action relates to the goods or services
acquired by the consumer.
page 7
Year 2000 Information Disclosure Bill 1999
Part 3 Protection from civil liability
s. 9
(4) The rules in section 8 do not apply to a civil action to the extent
to which --
(a) the civil action consists of proceedings for a restraining
injunction or for declaratory relief; or
5 (b) the civil action consists of proceedings instituted by a
person or body under a law of the Commonwealth, a
State or a Territory --
(i) in the performance of a regulatory or
enforcement function conferred on the person or
10 body by such a law; or
(ii) in the exercise of a regulatory or enforcement
power conferred on the person or body by such a
law;
or
15 (c) the civil action is an action for infringement of
copyright, a trade mark, a design or a patent.
(5) The paragraphs of subsections (1), (2), (3) and (4) do not limit
each other.
(6) Section 4B of the Trade Practices Act 1974 of the
20 Commonwealth applies for the purposes of subsection (3)(a)
and (b) of this section in a 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 subsection (6), it is to be assumed that a
25 reference in section 4B of the Trade Practices Act 1974 of the
Commonwealth to services does not include a reference to
financial services (within the meaning of that Act).
(8) Section 12BC of the Australian Securities and Investments
Commission Act 1989 of the Commonwealth applies for the
30 purposes of subsection (3)(a) and (b) of this section in a
page 8
Year 2000 Information Disclosure Bill 1999
Protection from civil liability Part 3
s. 10
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
5 (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 statement (the
10 "explanatory statement") to the effect that the first
person believes that the exception set out in
section 9(1)(a) is not applicable;
(b) the explanatory statement sets out the grounds for that
belief; and
15 (c) the explanatory statement satisfies one of the following
conditions --
(i) the explanatory statement is made in writing;
(ii) the explanatory statement is made in a data
storage device and is capable of being
20 reproduced in writing from that device (with or
without the aid of any other article or device);
(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
25 statement as mentioned in subsection (1), the explanatory
statement is not admissible in any civil action except for the
purposes of determining whether subsection (1) has been
complied with.
(3) The second person may waive compliance with subsection (1).
page 9
Year 2000 Information Disclosure Bill 1999
Part 3 Protection from civil liability
s. 11
11. False or misleading statement exception -- imputed
knowledge
(1) If, in any proceedings, it is necessary to establish for the
purposes of section 9(1)(a) --
5 (a) whether a body corporate knew that a Year 2000
disclosure statement was false or misleading in a
material particular; or
(b) whether a body corporate 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) a director, employee or agent of the body corporate
engaged in conduct in relation to the Year 2000
disclosure statement;
15 (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
(e) the director, employee or agent --
(i) knew that the Year 2000 disclosure statement
20 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.
(2) If, in any proceedings, it is necessary to establish for the
purposes of section 9(1)(a) --
(a) whether a person other than a body corporate knew that
a Year 2000 disclosure statement was false or
30 misleading in a material particular; or
page 10
Year 2000 Information Disclosure Bill 1999
Protection from civil liability Part 3
s. 11
(b) whether a person other than a body corporate was
reckless as to whether a Year 2000 disclosure statement
was false or misleading in a material particular,
it is sufficient to show that --
5 (c) an employee or agent of the person engaged in conduct
in relation to the Year 2000 disclosure statement;
(d) the employee or agent was, in engaging in that conduct,
acting within the scope of his or her actual or apparent
authority; and
10 (e) the 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 2000
15 disclosure statement was false or misleading in a
material particular,
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
20 public purpose by a law of the Commonwealth, a State or a
Territory.
page 11
Year 2000 Information Disclosure Bill 1999
Part 4 Presumption against amendment of contracts
s. 12
Part 4 -- Presumption against amendment of contracts
12. Presumption against amendment of contracts
(1) The making of a Year 2000 disclosure statement is taken not to
amend, alter or vary a contract unless --
5 (a) both --
(i) the parties to the contract have expressly agreed
to the amendment, alteration or variation; and
(ii) that agreement satisfies one of the conditions set
out in subsection (2);
10 or
(b) the contract expressly provides for the amendment,
alteration or variation by way of the making of a
Year 2000 disclosure statement.
(2) The conditions referred to in subsection (1)(a)(ii) are as
15 follows --
(a) the agreement is made in writing;
(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
20 device);
(c) the agreement is made by way of one or more electronic
communications of writing.
(3) Nothing in, or done under, this section affects the operation of a
condition or warranty that is taken to form part of a contract by
25 virtue of the provisions of another Act.
page 12
Year 2000 Information Disclosure Bill 1999
Exemption from section 45 of the Competition Code Part 5
s. 13
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 Western Australia does
5 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
10 (b) an understanding arrived at --
(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
15 information, or for the disclosure and exchange of 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 Year 2000
20 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;
page 13
Year 2000 Information Disclosure Bill 1999
Part 5 Exemption from section 45 of the Competition Code
s. 13
(g) contingency planning, risk management, remediation
efforts or other arrangements for dealing with
consequences or implications referred to in
paragraph (f);
5 (h) awareness of the consequences or 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 dealing with
10 consequences or implications referred to in
paragraph (h).
(2) Section 45 of the Competition Code of Western Australia 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
20 (ii) before 1 July 2001,
to the extent to which the proposed contract, arrangement or
understanding would provide for the disclosure or exchange of
information, or for the disclosure and exchange of information,
by any or all of the parties to the contract, arrangement or
25 understanding, for the sole purpose of facilitating any or all of
the following --
(c) the detection of problems relating to Year 2000
processing;
(d) the prevention of problems relating to Year 2000
30 processing;
page 14
Year 2000 Information Disclosure Bill 1999
Exemption from section 45 of the Competition Code Part 5
s. 13
(e) the remediation of problems relating to Year 2000
processing;
(f) awareness of the consequences or implications, for the
supply of goods or services, of problems relating to
5 Year 2000 processing;
(g) contingency planning, risk management, remediation
efforts or other arrangements for dealing with
consequences or implications referred to in
paragraph (f);
10 (h) awareness of the consequences or 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 dealing with
15 consequences or implications referred to in
paragraph (h).
page 15
Year 2000 Information Disclosure Bill 1999
Part 6 Regulations
s. 14
Part 6 -- Regulations
14. 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 16
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