Electronic Transactions Act 2010

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3 Purposes and construction

6 Legal recognition of electronic records

7 Requirement for writing

8 Requirement for signature

9 Retention of electronic records

10 Provision of originals

11 Formation and validity of contracts

12 Effectiveness between parties

13 Time and place of despatch and receipt

14 Invitation to make offer

15 Use of automated message systems for contract formation

16 Error in electronic communications

16A Interpretation of this Part

16B Adoption of Model Law

16C Additional information in electronic transferable records

16D Requirement of consent

16E Legal recognition of electronic transferable record

16F Requirement for writing

16G Requirement for signature

16H Transferable documents or instruments

16I Requirement for possession or transfer of possession

16J Indication of time and place in electronic transferable record

16M Change of medium from transferable document or instrument to electronic transferable record

16N Change of medium from electronic transferable record to transferable document or instrument

16O General reliability standard

16P Non‑discrimination of foreign electronic transferable records

16R Controller may give directions for compliance

16S Power to investigate

17 Secure electronic record

18 Secure electronic signature

19 Presumptions relating to secure electronic records and signatures

20 Interpretation of this Part

21 Specified security procedures

22 Regulation of specified security procedures and specified security procedure providers

23 Controller may give directions for compliance

24 Power to investigate

25 Acceptance of electronic filing and issue of documents

26 Liability of network service providers

27 Appointment of Controller and other officers

28 Obligation of confidentiality

29 Access to computers and data

30 Production of documents, etc.

31 Obstruction of Controller or authorised officer

32 Offences by bodies corporate, etc.

33 General penalties

34 Consent of Public Prosecutor

35 Jurisdiction of court

36 Composition of offences

39 Transitional provisions

Retention of electronic records

9.—(1) Where a rule of law requires any document, record or information to be retained, or provides for certain consequences if it is not, that requirement is satisfied by retaining the document, record or information in the form of an electronic record if the following conditions are satisfied:

(a)	the information contained therein remains accessible so as to be usable for subsequent reference;
(b)	the electronic record is retained in the format in which it was originally generated, sent or received, or in a format which can be demonstrated to represent accurately the information originally generated, sent or received;
(c)	such information (if any) as enables the identification of the origin and destination of an electronic record and the date and time when it was sent or received, is retained; and
(d)	any additional requirements relating to the retention of such electronic records specified by the public agency which has supervision over the requirement for the retention of such records are complied with.

(2) An obligation to retain any document, record or information in accordance with subsection (1)(c) does not extend to any information necessarily and automatically generated solely for the purpose of enabling a record to be sent or received.

(3) A person may satisfy the requirement mentioned in subsection (1) by using the services of any other person, if the conditions in paragraphs (a) to (d) of that subsection are complied with.

(4) Nothing in this section applies to —

(a)	any rule of law which expressly provides for the retention of documents, records or information in the form of electronic records; or
(b)	any rule of law requiring that any document, record or information be retained (or which provides for consequences if not) that the Minister, by order in the Gazette, excludes from the application of this section in respect of such document, record or information.

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