Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Electronic Transactions (Victoria) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. Object 4
5. Outline of Act 4
6. Crown to be bound 5
PART 2--APPLICATION OF LEGAL REQUIREMENTS TO
ELECTRONIC COMMUNICATIONS 6
Division 1--General Rule about Validity of Transactions for the
Purposes of Laws of this Jurisdiction 6
7. Validity of electronic transactions 6
Division 2--Requirements under Laws of this Jurisdiction 6
8. Writing 6
9. Signatures 8
10. Production of document 9
11. Retention of information and documents 11
12. Exemptions from this Division 14
Division 3--Other Provisions relating to Laws of this Jurisdiction 14
13. Time and place of dispatch and receipt of electronic
communications 14
14. Attribution of electronic communications 16
PART 3--MISCELLANEOUS 18
15. Regulations 18
NOTES 19
i
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 5 April 2000
A BILL
to facilitate electronic transactions and for other purposes.
Electronic Transactions (Victoria) Act
2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to recognise that transactions effected
5 electronically are not by that reason alone
invalid;
1
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
s. 2
Act No.
(b) to provide for the meeting of certain legal
requirements as to writing and signatures by
electronic communication;
(c) to permit documents to be produced to
5 another person by electronic communication;
(d) to permit the recording and retention of
information and documents in electronic
form;
(e) to provide for the determination of time and
10 place of dispatch and receipt of electronic
communications;
(f) to stipulate when an electronic
communication will bind its purported
originator.
15 2. Commencement
This Act comes into operation on 1 September
2000.
3. Definitions
(1) In this Act--
20 "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;
25 "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
30 information is capable of being reproduced,
with or without the aid of any other article or
device;
2
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
s. 3
Act No.
"electronic communication" means--
(a) a communication of information in the
form of data, text or images by means
of guided or unguided electromagnetic
5 energy, or both; or
(b) a communication of information in the
form of sound by means of guided or
unguided electromagnetic energy, or
both, where the sound is processed at
10 its destination by an automated voice
recognition system;
"information" means information in the form of
data, text, images or sound;
"information system" means a system for
15 generating, sending, receiving, storing or
otherwise processing electronic
communications;
"information technology requirements"
includes software requirements;
20 "law of this jurisdiction" means any law in force
in this jurisdiction, whether written or
unwritten, but does not include a law of the
Commonwealth;
"non-profit body" means a body that is not
25 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
30 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,
35 authority or body;
3
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
s. 4
Act No.
"this jurisdiction" means Victoria;
"transaction" includes any transaction in the
nature of a contract, agreement or other
arrangement, and also includes any
5 transaction of a non-commercial nature.
(2) Notes do not form part of this Act.
4. Object
The object of this Act is to provide a regulatory
framework that--
10 (a) recognises the importance of the information
economy to the future economic and social
prosperity of Australia; and
(b) facilitates the use of electronic transactions;
and
15 (c) promotes business and community
confidence in the use of electronic
transactions; and
(d) enables business and the community to use
electronic communications in their dealings
20 with government.
5. Outline of Act
(1) The following is an outline of this Act--
(a) for the purposes of a law of this jurisdiction,
a transaction is not invalid because it took
25 place by means of one or more electronic
communications;
(b) the following requirements imposed under a
law of this jurisdiction can generally be met
in electronic form--
30 (i) a requirement to give information in
writing;
(ii) a requirement to provide a signature;
4
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
s. 6
Act No.
(iii) a requirement to produce a document;
(iv) a requirement to record information;
(v) a requirement to retain a document;
(c) for the purposes of a law of this jurisdiction,
5 provision is made for determining the time
and place of the dispatch and receipt of an
electronic communication;
(d) the purported originator of an electronic
communication is bound by it for the
10 purposes of a law of this jurisdiction only if
the communication was sent by the
purported originator or with the authority of
the purported originator.
(2) Sub-section (1) is intended only as a guide to the
15 general scheme and effect of this Act.
6. Crown to be bound
This Act binds the Crown in right of Victoria and,
in so far as the legislative power of Parliament
permits, the Crown in all its other capacities.
20 _______________
5
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
s. 7
Act No.
PART 2--APPLICATION OF LEGAL REQUIREMENTS TO
ELECTRONIC COMMUNICATIONS
Division 1--General Rule about Validity of Transactions for
the Purposes of Laws of this Jurisdiction
5 7. Validity of electronic transactions
(1) For the purposes of a law of this jurisdiction, a
transaction is not invalid because it took place
wholly or partly by means of one or more
electronic communications.
10 (2) The general rule in sub-section (1) does not apply
in relation to the validity of a transaction to the
extent to which another, more specific, provision
of this Part deals with the validity of the
transaction.
15 (3) The regulations may provide that sub-section (1)
does not apply to a specified transaction or
specified class of transactions.
(4) The regulations may provide that sub-section (1)
does not apply to a specified law of this
20 jurisdiction.
Division 2--Requirements under Laws of this Jurisdiction
8. Writing
(1) If, by or under a law of this jurisdiction, a person
is required to give information in writing, that
25 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
30 would be readily accessible so as to be
useable for subsequent reference; and
6
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
s. 8
Act No.
(b) the person to whom the information is
required to be given consents to the
information being given by means of an
electronic communication.
5 (2) If, by or 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
10 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
15 information being given by means of an
electronic communication.
(3) This section does not affect the operation of any
other law of this jurisdiction that makes provision
for or in relation to requiring or permitting
20 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.
25 (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
30 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;
7
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
s. 9
Act No.
(d) lodging a return;
(e) making a request;
(f) making a declaration;
(g) lodging or issuing a certificate;
5 (h) making, varying or cancelling an election;
(i) lodging an objection;
(j) giving a statement of reasons.
Note: Section 12 provides for exemptions from this section.
9. Signatures
10 (1) If, by or under a law of this jurisdiction, the
signature of a person is required, that requirement
is taken to have been met in relation to an
electronic communication if--
(a) a method is used to identify the person and
15 to indicate the person's approval of the
information communicated; and
(b) having regard to all the relevant
circumstances at the time the method was
used, the method was as reliable as was
20 appropriate for the purposes for which the
information was communicated; and
(c) the person to whom the signature is required
to be given consents to that requirement
being met by way of the use of the method
25 mentioned in paragraph (a).
(2) This section does not affect the operation of any
other law of this jurisdiction that makes provision
for or in relation to requiring--
(a) an electronic communication to contain an
30 electronic signature (however described); or
8
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
s. 10
Act No.
(b) an electronic communication to contain a
unique identification in an electronic form;
or
(c) a particular method to be used in relation to
5 an electronic communication to identify the
originator of the communication and to
indicate the originator's approval of the
information communicated.
Note: Section 12 provides for exemptions from this section.
10 10. Production of document
(1) If, by or under a law of this jurisdiction, a person
is required to produce a document that is in the
form of paper, an article or other material, that
requirement is taken to have been met if the
15 person produces, by means of an electronic
communication, an electronic form of the
document, where--
(a) having regard to all the relevant
circumstances at the time the communication
20 was sent, the method of generating the
electronic form of the document provided a
reliable means of assuring the maintenance
of the integrity of the information contained
in the document; and
25 (b) at the time the communication was sent, it
was reasonable to expect that the information
contained in the electronic form of the
document would be readily accessible so as
to be useable for subsequent reference; and
30 (c) the person to whom the document is required
to be produced consents to the production,
by means of an electronic communication, of
an electronic form of the document.
(2) If, by or under a law of this jurisdiction, a person
35 is permitted to produce a document that is in the
9
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
s. 10
Act No.
form of paper, an article or other material, then,
instead of producing the document in that form,
the person may produce, by means of an
electronic communication, an electronic form of
5 the document, where--
(a) having regard to all the relevant
circumstances at the time the communication
was sent, the method of generating the
electronic form of the document provided a
10 reliable means of assuring the maintenance
of the integrity of the information contained
in the document; and
(b) at the time the communication was sent, it
was reasonable to expect that the information
15 contained in the electronic form of the
document would be readily accessible so as
to be useable for subsequent reference; and
(c) the person to whom the document is
permitted to be produced consents to the
20 production, by means of an electronic
communication, of an electronic form of the
document.
(3) For the purposes of this section, the integrity of
information contained in a document is
25 maintained if, and only if, the information has
remained complete and unaltered, apart from--
(a) the addition of any endorsement; or
(b) any immaterial change--
which arises in the normal course of
30 communication, storage or display.
(4) This section does not affect the operation of any
other law of this jurisdiction that makes provision
for or in relation to requiring or permitting
electronic forms of documents to be produced, in
10
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
s. 11
Act No.
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
5 communication.
Note: Section 12 provides for exemption from this section.
11. Retention of information and documents
(1) If, by or under a law of this jurisdiction, a person
is required to record information in writing, that
10 requirement is taken to have been met if the
person records the information in electronic form,
where--
(a) at the time of the recording of the
information, it was reasonable to expect that
15 the information would be readily accessible
so as to be useable for subsequent reference;
and
(b) if the regulations require that the information
be recorded on a particular kind of data
20 storage device, that requirement has been
met.
(2) If, by or under a law of this jurisdiction, a person
is required to retain, for a particular period, a
document that is in the form of paper, an article or
25 other material, that requirement is taken to have
been met if the person retains, or causes another
person to retain, an electronic form of the
document throughout that period, where--
(a) having regard to all the relevant
30 circumstances at the time of the generation
of the electronic form of the document, the
method of generating the electronic form of
the document provided a reliable means of
assuring the maintenance of the integrity of
11
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
s. 11
Act No.
the information contained in the document;
and
(b) at the time of the generation of the electronic
form of the document, it was reasonable to
5 expect that the information contained in the
electronic form of the document would be
readily accessible so as to be useable for
subsequent reference; and
(c) if the regulations require that the electronic
10 form of the document be retained on a
particular kind of data storage device, that
requirement has been met throughout that
period.
(3) For the purposes of sub-section (2), the integrity
15 of information contained in a document is
maintained if, and only if, the information has
remained complete and unaltered, apart from--
(a) the addition of any endorsement; or
(b) any immaterial change--
20 which arises in the normal course of
communication, storage or display.
(4) If, by or under a law of this jurisdiction, a person
(the first person) is required to retain, for a
particular period, information that was the subject
25 of an electronic communication, that requirement
is taken to have been met if the first person
retains, or causes another person to retain, in
electronic form, the information throughout that
period, where--
30 (a) at the time of commencement of the
retention of the information, it was
reasonable to expect that the information
would be readily accessible so as to be
useable for subsequent reference; and
12
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
s. 11
Act No.
(b) having regard to all the relevant
circumstances at the time of commencement
of the retention of the information, the
method of retaining the information in
5 electronic form provided a reliable means of
assuring the maintenance of the integrity of
the information contained in the electronic
communication; and
(c) throughout that period, the first person also
10 retains, or causes the other person to retain,
in electronic form, such additional
information obtained by the first person as is
sufficient to enable the identification of the
following--
15 (i) the origin of the electronic
communication;
(ii) the destination of the electronic
communication;
(iii) the time when the electronic
20 communication was sent;
(iv) the time when the electronic
communication was received; and
(d) at the time of commencement of the
retention of the additional information
25 covered by paragraph (c), it was reasonable
to expect that the additional information
would be readily accessible so as to be
useable for subsequent reference; and
(e) if the regulations require that the information
30 be retained on a particular kind of data
storage device, that requirement has been
met throughout that period.
(5) For the purposes of sub-section (4), the integrity
of information that was the subject of an
35 electronic communication is maintained if, and
13
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
s. 12
Act No.
only if, the information has remained complete
and unaltered, apart from--
(a) the addition of any endorsement; or
(b) any immaterial change--
5 which arises in the normal course of
communication, storage or display.
Note: Section 12 provides for exemption from this section.
12. Exemptions from this Division
(1) The regulations may provide that this Division, or
10 a specified provision of this Division, does not
apply to a specified requirement or specified class
of requirements.
(2) The regulations may provide that this Division, or
a specified provision of this Division, does not
15 apply to a specified permission or specified class
of permissions.
(3) The regulations may provide that this Division, or
a specified provision of this Division, does not
apply to a specified law of this jurisdiction.
20 Division 3--Other Provisions relating to Laws of this
Jurisdiction
13. Time and place of dispatch and receipt of electronic
communications
(1) For the purposes of a law of this jurisdiction, if an
25 electronic communication enters a single
information system outside the control of the
originator, then, unless otherwise agreed between
the originator and the addressee of the electronic
communication, the dispatch of the electronic
30 communication occurs when it enters that
information system.
(2) For the purposes of a law of this jurisdiction, if an
electronic communication enters successively 2 or
14
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
s. 13
Act No.
more information systems outside the control of
the originator, then, unless otherwise agreed
between the originator and the addressee of the
electronic communication, the dispatch of the
5 electronic communication occurs when it enters
the first of those information systems.
(3) For the purposes of a law of this jurisdiction, if
the addressee of an electronic communication has
designated an information system for the purpose
10 of receiving electronic communications, then,
unless otherwise agreed between the originator
and the addressee of the electronic
communication, the time of receipt of the
electronic communication is the time when the
15 electronic communication enters that information
system.
(4) For the purposes of a law of this jurisdiction, if
the addressee of an electronic communication has
not designated an information system for the
20 purpose of receiving electronic communications,
then, unless otherwise agreed between the
originator and the addressee of the electronic
communication, the time of receipt of the
electronic communication is the time when the
25 electronic communication comes to the attention
of the addressee.
(5) For the purposes of a law of this jurisdiction,
unless otherwise agreed between the originator
and the addressee of an electronic
30 communication--
(a) the electronic communication is taken to
have been dispatched from the originator's
place of business; and
(b) the electronic communication is taken to
35 have been received at the addressee's place
of business.
15
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
s. 14
Act No.
(6) For the purposes of the application of sub-
section (5) to an electronic communication--
(a) if the originator or addressee has more than
one place of business, and one of those
5 places has a closer relationship to the
underlying transaction, it is to be assumed
that that place of business is the originator's
or addressee's only place of business; and
(b) if the originator or addressee has more than
10 one place of business, but paragraph (a) does
not apply, it is to be assumed that the
originator's or addressee's principal place of
business is the originator's or addressee's
only place of business; and
15 (c) if the originator or addressee does not have a
place of business, it is to be assumed that the
originator's or addressee's place of business
is the place where the originator or addressee
ordinarily resides.
20 (7) The regulations may provide that this section does
not apply to a specified electronic communication
or specified class of electronic communications.
(8) The regulations may provide that this section does
not apply to a specified law of this jurisdiction.
25 14. Attribution of electronic communications
(1) For the purposes of a law of this jurisdiction,
unless otherwise agreed between the purported
originator and the addressee of an electronic
communication, the purported originator of the
30 electronic communication is bound by that
communication only if the communication was
sent by the purported originator or with the
authority of the purported originator.
16
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
s. 14
Act No.
(2) Sub-section (1) does not affect the operation of a
law of this jurisdiction that makes provision for--
(a) conduct engaged in by a person within the
scope of the person's actual or apparent
5 authority to be attributed to another person;
or
(b) a person to be bound by conduct engaged in
by another person within the scope of the
other person's actual or apparent authority.
10 (3) The regulations may provide that this section does
not apply to a specified electronic communication
or specified class of electronic communications.
(4) The regulations may provide that this section does
not apply to a specified law of this jurisdiction.
15 _______________
17
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
s. 15
Act No.
PART 3--MISCELLANEOUS
15. Regulations
The Governor in Council may make regulations
for or with respect to any matter or thing required
5 or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
Act.
18
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
Electronic Transactions (Victoria) Act 2000
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
19
541055B.I1-7/4/2000 BILL LA CIRCULATION 7/4/2000
[Index] [Search] [Download] [Related Items] [Help]