Electronic Communications Act 2000 (SA)

South Australia Electronic Communications Act 2000 An Act to facilitate electronic communications; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Object 4 Simplified outline 5 Interpretation 6 Crown to be bound 6A Exemptions Part 2—Application of legal requirements to electronic communications Division 1—General rule about validity of electronic communications for the purposes of laws of this jurisdiction 7 Validity of electronic transactions and government documents Division 2—Requirements under laws of this jurisdiction 8 Writing 9 Signatures 10 Production of document 11 Retention of information and documents Division 3—Other provisions relating to laws of this jurisdiction 13 Time of transmission 13A Time of receipt 13B Place of transmission and receipt 14 Attribution of electronic communications Part 2A—Additional provisions applying to contracts involving electronic communications 14A Application and operation of Part 14B Invitation to treat regarding contracts 14C Use of automated message systems for contract formation—non‑intervention of natural person 14D Error in electronic communications regarding contracts 14E Application of Act in relation to contracts Part 3—Issue of government documents by approved information system 15 Application of Part 16 Minister may approve means of issue 17 Approval for electronic issue of government document 18 Electronic issue authorised if approved and consent given 19 Usage rules must be complied with 20 Prescribed modifications 21 Evidentiary Part 4—Miscellaneous 22 Delegation 23 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Electronic Communications Act 2000. 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 communications; and (c) promotes business and community confidence in the use of electronic communications; 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; and (ab) for the purposes of the law of this jurisdiction, a government document is not invalid because it was issued by means of 1 or more electronic communications; and (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; and (c) for the purposes of a law of this jurisdiction, provision is made for determining the time and place of the transmission and receipt of an electronic communication; and (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) Part 2A 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. (3) Part 3 contains provisions applying to the issue of a government document by means of an approved information system and enables the issue of a government document by means of electronic communication in circumstances where an Act provides for the issue of the document only in the form of a physical document or item. 5—Interpretation (1) In this Act, unless the contrary intention appears— addressee of an electronic communication means a person who is intended by the originator to receive the electronic communication, but does not include a person acting as an intermediary with respect to the electronic communication; approved information system means an information system approved under section 16(1)(a); automated message system means a computer program or an electronic or other automated means used to initiate an action or respond to data messages in whole or in part, without review or intervention by a natural person each time an action is initiated or a response is generated by the system; consent includes consent that can reasonably be inferred from the conduct of the person concerned, but does not include consent given subject to conditions unless the conditions are complied with; data includes the whole or part of a computer program within the meaning of the Copyright Act 1968 of the Commonwealth; data storage device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device; electronic communication means— (a) a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or (b) a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system; government agency means— (a) a Minister of the Crown; or (b) a person who holds an office established by an Act; or (c) an administrative unit of the Public Service; or (d) South Australia Police; or (e) a council; or (f) an incorporated or unincorporated body— (i) established or continued in existence for a public purpose by an Act; or (ii) established or continued in existence for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, co‑operatives, societies or other voluntary organisations); or (iii) subject to control or direction by the Governor, a Minister of the Crown or other instrumentality or agency of the Crown or a council (whether or not the body is established or continued in existence by or under an Act); or (g) a person or body declared by the regulations to be a government agency; government document means a document issued by or on behalf of a government agency that does not itself constitute a transaction (whether or not the document is issued as a result of a transaction or in connection with 1 or more transactions); Examples— Government documents would include licences, permits and certificates. information means information in the form of data, text, images or sound; information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications; information technology requirements includes software requirements; law of this jurisdiction means any law in force in this jurisdiction, whether in the civil or criminal jurisdiction and whether written or unwritten, but does not include a law of the Commonwealth; non-profit body means a body that is not carried on for the purposes of profit or gain to its individual members and is, by the terms of the body's constitution, prohibited from making any distribution, whether in money, property or otherwise, to its members; originator of an electronic communication means a person by whom, or on whose behalf, the electronic communication has been sent or generated before storage, if any, but does not include a person acting as an intermediary with respect to the electronic communication; performance of a contract includes non‑performance of the contract; place of business means— (a) in relation to a person, other than an entity referred to in paragraph (b)—a place where the person maintains a non‑transitory establishment to pursue an economic activity other than the temporary provision of goods or services out of a specific location; or (b) in relation to a government, an authority of a government or a non‑profit body—a place where any operations or activities are carried out by that government, authority or body; responsible Minister means— (a) in relation to a government document issued under an Act—the Minister to whom the administration of that Act is committed; or (b) in relation to any other government document—the Minister responsible for the relevant government agency; this jurisdiction means South Australia; transaction includes— (a) any transaction in the nature of a contract, agreement or other arrangement; and (b) any statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract, agreement or other arrangement; and (c) any transaction of a non‑commercial nature; and (d) any application or request made, or notice or information provided, by a person seeking the issue of a government document or who has been issued a government document; usage rules means rules approved under section 16(1)(b). (2) Notes in the text of this Act do not form part of this Act. (3) Usage rules are not statutory instruments for the purposes of the law of the State and are not regulations for the purposes of the Subordinate Legislation Act 1978. 6—Crown to be bound This Act binds the Crown in right of South Australia and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities. 6A—Exemptions (1) The regulations may provide that all or specified provisions of this Act do not apply— (a) to transactions, requirements, permissions, electronic communications or other matters specified, or of classes specified, in the regulations for the purposes of this section; or (ab) to government documents specified, or of classes specified, in the regulations for the purposes of this section; or (b) in circumstances specified, or of classes specified, in the regulations for the purposes of this section. (2) The regulations may provide that all or specified provisions of this Act do not apply to specified laws of this jurisdiction.