Australia
From eSignatureLegalWiki.org
| Australia | |
| Legislation: | Electronic Transactions Act |
|---|---|
| Status: | Enacted |
| Year Enacted: | 1999 |
| Require Smart Cards: | No |
| Require Time-Stamping: | No |
| Excluded Documents: | None |
| Case Law: | None |
Contents |
History
In 1999, Australia adopted the Electronic Transactions Act. The Act received Royal Assent in December 1999 and commenced by Proclamation on 15 March 2000.
Overview
The Bill is fashioned after the UNCITRAL Model Law on Electronic Commerce. "The Act creates a light handed regulatory regime for using electronic communications in transactions. The Act facilitates electronic commerce in Australia by removing existing legal impediments that may prevent a person using electronic communications to satisfy legal obligations under Commonwealth law. The Act gives business and the community the option of using electronic communications when dealing with Government agencies." [1]
Legislation Definitions & Excerpts
- If, 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 method is used to identify the person and to indicate the person’s approval of the information communicated;
- having regard to all the relevant circumstances at the time the method was used, the method was as reliable as was appropriate for the purposes for which the information was communicated; and
- the person to whom the signature is required to be given consents to that requirement being met by the use of the method mentioned in paragraph (a).
Electronic Signature Definitions
- Unknown
Requirements Pertaining to Electronic Signatures
- If, 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 to indicate the person’s approval of the information communicated;
- (b) having regard to all the relevant circumstances at the time the method was used, the method was as reliable as was 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 the use of the method mentioned in paragraph (a).
Excluded Documents
- Unknown
Case Law
- Unknown
References
Notes
- ↑ [ http://www.aph.gov.au/Senate/Committee/acc_ctte/completed_inquiries/1999-02/itlaw/submissions/sub23.doc ] Attorney-General’s Portfolio Submission to the PJC-NCA Inquiry into the law enforcement Implications of New Technology
