Commonwealth Consolidated Acts

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ELECTRONIC TRANSACTIONS ACT 1999 - SECT 9

Writing

Requirement to give information in writing

             (1)  If, under a law of the Commonwealth, 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)  in all cases--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)  if the information is required to be given to a Commonwealth entity, or to a person acting on behalf of a Commonwealth entity, and the entity requires that the information be given, in accordance with particular information technology requirements, by means of a particular kind of electronic communication--the entity's requirement has been met; and

                     (c)  if the information is required to be given to a Commonwealth entity, or to a person acting on behalf of a Commonwealth entity, and the entity requires that particular action be taken by way of verifying the receipt of the information--the entity's requirement has been met; and

                     (d)  if the information is required to be given to a person who is neither a Commonwealth entity nor a person acting on behalf of a Commonwealth entity--the person to whom the information is required to be given consents to the information being given by way of electronic communication.

Permission to give information in writing

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

                     (a)  in all cases--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)  if the information is permitted to be given to a Commonwealth entity, or to a person acting on behalf of a Commonwealth entity, and the entity requires that the information be given, in accordance with particular information technology requirements, by means of a particular kind of electronic communication--the entity's requirement has been met; and

                     (c)  if the information is permitted to be given to a Commonwealth entity, or to a person acting on behalf of a Commonwealth entity, and the entity requires that particular action be taken by way of verifying the receipt of the information--the entity's requirement has been met; and

                     (d)  if the information is permitted to be given to a person who is neither a Commonwealth entity nor a person acting on behalf of a Commonwealth entity--the person to whom the information is permitted to be given consents to the information being given by way of electronic communication.

Certain other laws not affected

             (3)  This section does not affect the operation of any other law of the Commonwealth 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.

Giving information

             (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.



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