Commonwealth Consolidated Acts

ELECTRONIC TRANSACTIONS ACT 1999 - SECT 11

Requirement to produce a document

  (1)   If, under a law of the Commonwealth, 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 person produces, by means of an electronic communication, an electronic form of the document, where:

  (a)   in all cases--having regard to all the relevant circumstances at the time of the communication, 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

  (b)   in all cases--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

  (c)   if the document is required to be produced to a Commonwealth entity, or to a person acting on behalf of a Commonwealth entity, and the entity requires that an electronic form of the document be produced, in accordance with particular information technology requirements, by means of a particular kind of electronic communication--the entity's requirement has been met; and

  (d)   if the document is required to be produced to a Commonwealth entity, or to a person acting on behalf of a Commonwealth entity, and the entity requires that particular action be taken by way of verifying the receipt of the document--the entity's requirement has been met; and

  (e)   if the document is required to be produced to a person who is neither a Commonwealth entity nor a person acting on behalf of a Commonwealth entity--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.

Permission to produce a document

  (2)   If, under a law of the Commonwealth, a person is permitted to produce a document that is in the 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 the document, where:

  (a)   in all cases--having regard to all the relevant circumstances at the time of the communication, 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

  (b)   in all cases--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

  (c)   if the document is permitted to be produced to a Commonwealth entity, or to a person acting on behalf of a Commonwealth entity, and the entity requires that an electronic form of the document be produced, in accordance with particular information technology requirements, by means of a particular kind of electronic communication--the entity's requirement has been met; and

  (d)   if the document is permitted to be produced to a Commonwealth entity, or to a person acting on behalf of a Commonwealth entity, and the entity requires that particular action be taken by way of verifying the receipt of the document--the entity's requirement has been met; and

  (e)   if the document is permitted to be produced to a person who is neither a Commonwealth entity nor a person acting on behalf of a Commonwealth entity--the person to whom the document is permitted to be produced consents to the production, by means of an electronic communication, of an electronic form of the document.

Integrity of information

  (3)   For the purposes of this section, the integrity 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;

which arises in the normal course of communication, storage or display.

Certain other laws not affected

  (4)   This section does not affect the operation of any other law of the Commonwealth that makes provision for or in relation to requiring or permitting electronic forms of documents to be produced, 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.

Exemption--migration and citizenship documents

  (5)   Schedule   1 has effect.

Copyright

  (6)   The following provisions have effect:

  (a)   the generation of an electronic form of a document for the purposes of:

  (i)   this section; or

  (ii)   a law of a State or Territory that corresponds to this section;

    does not constitute an infringement of the copyright in a work or other subject matter embodied in the document;

  (b)   the production, by means of an electronic communication, of an electronic form of a document for the purposes of:

  (i)   this section; or

  (ii)   a law of a State or Territory that corresponds to this section;

    does not constitute an infringement of the copyright in a work or other subject matter embodied in the document.