Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

ELECTRONIC TRANSACTIONS AMENDMENT REGULATIONS 2011 (NO. 1) (SLI NO 87 OF 2011)

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 87

Subject -              Electronic Transactions Act 1999

                             Electronic Transactions Amendment Regulations 2011 (No. 1)

Section 16 of the Electronic Transactions Act 1999 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The objects of the Act include facilitating the use of electronic transactions and enabling business and the community to use electronic communications in their dealings with government.  The Act generally provides that if a Commonwealth law requires or permits transactions to be in written form, that requirement is met if the transaction is made in electronic form, unless excluded from the operation of the Act, or particular sections of the Act, in the Regulations.

The Electronic Transactions Regulations 2000 (the Principal Regulations) specify transactions and laws that are exempt from certain provisions of the Act. 

To provide a simplified structure for the exceptions, the Electronic Transactions Amendment Act 2011 (the Amendment Act) repealed separate exclusion-making provisions, and inserted a single provision enabling exclusions to be made to any, or all, provisions of the Act in the Principal Regulations. 

The Regulations make two minor amendments to the Principal Regulations consequential to the changes made by the Amendment Act.  The changes are machinery in nature and would not alter the existing scope, or policy of the Principal Regulations.

Consultation was unnecessary for this legislative instrument as this instrument is of a minor, machinery nature and does not substantially alter existing arrangements.  It has no direct or substantial indirect effect on business.

Details of the Regulations are provided in the Attachment.

The Regulations commence on the commencement of Schedule 1 to the Amendment Act, which is due to be on 22 June 2011.

The Act specifies no conditions that need to be satisfied before the power to make the Regulations may be exercised.

The Regulations will be a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Minute recommends that the Regulations be made in the form proposed.

Authority:        Section 16 of the Electronic Transactions Act 1999

ATTACHMENT

Details of the Electronic Transactions Amendment Regulations 2011 (No. 1)

Regulation 1 - Name of Regulations

This regulation provides that the title of the Regulations is the Electronic Transactions Amendment Regulations 2011 (No. 1).

Regulation 2 - Commencement

This regulation provides that the Regulations commence on the commencement of Schedule 1 to the Electronic Transactions Amendment Act 2011.

Regulation 3 - Amendment of Electronic Transactions Regulations 2000

This regulation provides that Schedule 1 amends the Electronic Transactions Regulations 2000 (the Principal Regulations).

Schedule 1 - Amendments

Item [1] - Regulations 4, 5, 6 and 7

This item substitutes regulations 4, 5, 6 and 7 and inserts a new regulation 4 in the Principal Regulations. 

The new regulation 4 provides that the provisions of the enabling Act specified in Column 3 of Schedule 1, do not apply to the law of the Commonwealth provided in Column 1 of Schedule 1, excluding particular transactions from the operation of specific provisions of the Act.

Item [2] - Schedule 1, heading

This item substitutes a new heading that would omit reference to regulations 5, 6 and 7, which are repealed by item 1.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback