South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"addressee" of an electronic communication means a person who is intended by
the originator to receive the electronic communication, but does not include a
person acting as an intermediary with respect to the electronic communication;
"approved information system" means an information system approved under
section 16(1)(a);
"automated message system" means a computer program or an electronic or other
automated means used to initiate an action or respond to data messages in
whole or in part, without review or intervention by a natural person each time
an action is initiated or a response is generated by the system;
"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;
"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 information is capable of being reproduced, with or without the aid of
any other article or device;
"electronic communication" means—
(a) a
communication of information in the form of data, text or images by means of
guided or unguided electromagnetic 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 its
destination by an automated voice recognition system;
"government agency" means—
(a) a
Minister of the Crown; or
(b) a
person who holds an office established by an Act; or
(c) an
administrative unit of the Public Service; or
(d)
South Australia Police; or
(e) a
council; or
(f) an
incorporated or unincorporated body—
(i)
established or continued in existence for a public
purpose by an Act; or
(ii)
established or continued in existence for a public
purpose under an Act (other than an Act providing for the incorporation of
companies or associations, co-operatives, societies or other voluntary
organisations); or
(iii)
subject to control or direction by the Governor, a
Minister of the Crown or other instrumentality or agency of the Crown or a
council (whether or not the body is established or continued in existence by
or under an Act); or
(g) a
person or body declared by the regulations to be a government agency;
"government document" means a document issued by or on behalf of a
government agency that does not itself constitute a transaction (whether or
not the document is issued as a result of a transaction or in connection with
1 or more transactions);
Examples—
Government documents would include licences, permits and certificates.
"information" means information in the form of data, text, images or sound;
"information system" means a system for generating, sending, receiving,
storing or otherwise processing electronic communications;
"information technology requirements" includes software requirements;
"law of this jurisdiction" means any law in force in this jurisdiction,
whether in the civil or criminal jurisdiction and whether written or
unwritten, but does not include a law of the Commonwealth;
"non-profit body" means a body that is not 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 members;
"originator" of an electronic communication means a person by whom, or on
whose behalf, the electronic communication has been sent or generated before
storage, if any, but does not include a person acting as an intermediary with
respect to the electronic communication;
"performance" of a contract includes non-performance of the contract;
"place of business" means—
(a) in
relation to a person, other than an entity referred to in
paragraph (b)—a place where the person maintains a non-transitory
establishment to pursue an economic activity other than the temporary
provision of goods or services out of a specific location; or
(b) in
relation to a government, an authority of a government or a
non-profit body—a place where any operations or activities are carried
out by that government, authority or body;
"responsible Minister" means—
(a) in
relation to a government document issued under an Act—the Minister to
whom the administration of that Act is committed; or
(b) in
relation to any other government document—the Minister responsible for
the relevant government agency;
"this jurisdiction" means South Australia;
"transaction" includes—
(a) any
transaction in the nature of a contract, agreement or other arrangement; and
(b) any
statement, declaration, demand, notice or request, including an offer and the
acceptance of an offer, that the parties are required to make or choose to
make in connection with the formation or performance of a contract, agreement
or other arrangement; and
(c) any
transaction of a non-commercial nature; and
(d) any
application or request made, or notice or information provided, by a person
seeking the issue of a government document or who has been issued a
government document;
"usage rules" means rules approved under section 16(1)(b).
(2) Notes in the text
of this Act do not form part of this Act.
(3) Usage rules are
not statutory instruments for the purposes of the law of the State and are not
regulations for the purposes of the Subordinate Legislation Act 1978 .