Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (2), this Part applies to the use of electronic communications in connection with the formation or performance of a contract between parties, and so applies:
(a) whether some or all of the parties are located within Australia or elsewhere; and
(b) whether the contract is for business purposes, for personal, family or household purposes, or for other purposes.
(2) This Part applies to or in relation to a contract only if:
(a) the proper law of the contract is (or would on its formation be) the law of a State or Territory; and
(b) at the time the contract is formed, there is no law of that State or Territory in terms substantially the same as this Part.