Electronic Transactions (Queensland) Act 2001 (Qld)

Electronic Transactions (Queensland) Act 2001

An Act to facilitate electronic transactions, and for other purposes

Chapter 1 Preliminary

1 Short title This Act may be cited as the Electronic Transactions (Queensland) Act 2001.

2 Commencement This Act commences on a day 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 Queensland; 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) a transaction is not invalid under a State law merely because it took place by 1 or more electronic communications; (b) the following requirements imposed under a State law 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 keep a document; (c) for a State law, 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 under a State law only if the communication was sent by the purported originator or with the purported originator's authority. (2) Chapter 2, part 4 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was no human review or intervention; (c) a portion of an electronic communication containing an input error can be withdrawn in certain circumstances; (d) the application of certain provisions of chapter 2, parts 1 to 3 to contracts involving electronic communications to the extent they do not apply of their own force.