South Australian Current Acts South Australian Current Acts (1) If, under a law of
this jurisdiction, 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) 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) the
person to whom the information is required to be given consents to the
information being given by means of an electronic communication.
(2) If, under a law of
this jurisdiction, a person is permitted to give information in writing, the
person may give the information by means of an electronic communication,
where—
(a) 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) the
person to whom the information is permitted to be given consents to the
information being given by means of an electronic communication.
(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.
(3) For the purposes
of subsections (1)(b) and (2)(b), a person who is required to be given a
government document under any Act or law will be taken to have consented to
the document being given by means of an electronic communication if the person
has provided an email address to the relevant government agency for that
purpose.
(3a) This section does
not affect the operation of usage rules applicable under Part 3 or of any
other law of this jurisdiction 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,
(and the usage rules or other law will be taken to apply to the exclusion of
this section).
(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.