Western Australian Consolidated Acts

ELECTRONIC TRANSACTIONS ACT 2003 - SECT 5

5 .         Definitions

                In this Act —

        consent includes consent that can reasonably be inferred from the conduct of the person concerned, but does not include 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;

        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 —

            (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 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;

        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 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 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 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;

        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.