South Australian Current Acts

ELECTRONIC COMMUNICATIONS ACT 2000 - SECT 4

4—Simplified outline

        (1)         The following is a simplified outline of this Act:

            (a)         for the purposes of a law of this jurisdiction, a transaction is not invalid because it took place by means of one or more electronic communications; and

            (ab)         for the purposes of the law of this jurisdiction, a government document is not invalid because it was issued by means of 1 or more electronic communications; and

            (b)         the following requirements imposed under a law of this jurisdiction can generally be met in electronic form:

                  (i)         a requirement to give information in writing;

                  (ii)         a requirement to provide a signature;

                  (iii)         a requirement to produce a document;

                  (iv)         a requirement to record information;

                  (v)         a requirement to retain a document; and

            (c)         for the purposes of a law of this jurisdiction, provision is made for determining the time and place of the transmission and receipt of an electronic communication; and

            (d)         the purported originator of an electronic communication is bound by it for the 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)         Part 2A contains provisions applying to contracts involving electronic communications, including provisions (relating to the internet in particular) for the following:

            (a)         an unaddressed proposal to form a contract is to be regarded as an invitation to make offers, rather than as an offer that if accepted would result in a contract;

            (b)         a contract formed automatically is not invalid, void or unenforceable because there was no human review or intervention;

            (c)         a portion of an electronic communication containing an input error can be withdrawn in certain circumstances;

            (d)         the application of certain provisions of Part 2 to the extent they do not apply of their own force.

        (3)         Part 3 contains provisions applying to the issue of a government document by means of an approved information system and enables the issue of a government document by means of electronic communication in circumstances where an Act provides for the issue of the document only in the form of a physical document or item.