Electronic Transactions Act 2000 (NSW)

Electronic Transactions Act 2000 No 8

An Act to facilitate electronic transactions; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Electronic Transactions Act 2000.

2 Commencement This Act commences on a day or days to be fixed by proclamation.

3 Object The object of this Act is to provide a regulatory framework that— (a) recognises the importance of the information economy to the future economic and social prosperity of Australia, and (b) facilitates the use of electronic transactions, and (c) promotes business and community confidence in the use of electronic transactions, and (d) enables business and the community to use electronic communications in their dealings with government.

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. (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. (c) For the purposes of a law of this jurisdiction, provision is made for determining the time and place of the dispatch and receipt of an electronic communication. (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) This Act also 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was no human review or intervention, (c) a portion of an electronic communication containing an input error can be withdrawn in certain circumstances, (d) the application of certain provisions of Part 2 to the extent they do not apply of their own force.