Electronic Transactions Act 2010
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title
2 Interpretation
3 Purposes and construction
4 Excluded matters
5 Party autonomy
Part 2 ELECTRONIC RECORDS, SIGNATURES AND CONTRACTS
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
Part 2A ELECTRONIC TRANSFERABLE RECORDS
Division 1 — General provisions
16A Interpretation of this Part
16B Adoption of Model Law
16C Additional information in electronic transferable records
16D Requirement of consent
Division 2 — Provisions on functional equivalence
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
Division 3 — Use of electronic transferable record
16J Indication of time and place in electronic transferable record
16K Indorsement
16L Amendment
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
Division 4 — General reliability standard
16O General reliability standard
Division 5 — Cross‑border recognition of electronic transferable record
16P Non‑discrimination of foreign electronic transferable records
Division 6 — Accreditation, etc., of provider of electronic transferable records management system
16Q Regulations
16R Controller may give directions for compliance
16S Power to investigate
Part 3 SECURE ELECTRONIC RECORDS AND SIGNATURES
17 Secure electronic record
18 Secure electronic signature
19 Presumptions relating to secure electronic records and signatures
Part 4 REGULATION OF SPECIFIED SECURITY PROCEDURES AND SPECIFIED SECURITY PROCEDURE PROVIDERS
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
Part 5 USE OF ELECTRONIC RECORDS AND SIGNATURES BY PUBLIC AGENCIES
25 Acceptance of electronic filing and issue of documents
Part 6 LIABILITY OF NETWORK SERVICE PROVIDERS
26 Liability of network service providers
Part 7 GENERAL
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
37 Power to exempt
38 Regulations
39 Transitional provisions
Legislative History
Abbreviations
Comparative Table