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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Electronic Transactions (Legal Proceedings) Amendment
Bill 2016
A BILL FOR
An Act to amend the
Electronic
Transactions Act 2000
.
Contents
Part 2—Amendment of Electronic
Transactions Act 2000
4Amendment of section
5—Interpretation
5Amendment of section
8—Writing
6Amendment of section
9—Signatures
7Amendment of section 10—Production of
document
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electronic Transactions (Legal Proceedings)
Amendment Act 2016.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Electronic Transactions
Act 2000
4—Amendment
of section 5—Interpretation
Section 5(1), definition of law of this
jurisdiction—after "whether" insert:
in the civil or criminal jurisdiction and whether
5—Amendment
of section 8—Writing
Section 8—after subsection (2) insert:
(2a) For the purposes
of subsections (1)(b) and (2)(b), a person to whom prescribed legal
proceedings relate will be taken to have consented to any information required
or permitted to be given to the person in relation to those proceedings by means
of an electronic communication.
(2b)
Subsection (2a)
only applies if, before giving the information by means of an electronic
communication, it has been ascertained that the person, or a legal practitioner
representing that person, will be readily able to access or download, and (if
required) print, the information.
6—Amendment
of section 9—Signatures
Section 9—after subsection (1) insert:
(1a) For the purposes
of subsection (1)(c), a person to whom prescribed legal proceedings relate
to whom a signature is required to be given will be taken to have consented to
that requirement being met in relation to those proceedings by way of the use of
the method mentioned in subsection (1)(a).
(1b)
Subsection (1a)
only applies if, before communicating by means of an electronic
communication information in respect of which the signature of a person is
required, it has been ascertained that the person to whom the signature is
required to be given, or a legal practitioner representing that person, will be
readily able to access or download, and (if required) print, the
information.
7—Amendment
of section 10—Production of document
Section 10—after subsection (2) insert:
(2a) For the purposes
of subsections (1)(c) and (2)(c), a person to whom prescribed legal proceedings
relate will be taken to have consented to the production of a document required
or permitted to be produced in relation to those proceedings by means of an
electronic communication.
(2b)
Subsection (2a)
only applies if, before producing a document by means of an electronic
communication, it has been ascertained that the person, or a legal practitioner
representing that person, will be readily able to access or download, and (if
required) print, the document.