Electronic service
141.—(1)  The Authority may provide an electronic service for the service of any document that is required or authorised by this Act to be given to or served on any person.
[11/2013]
(2)  For the purposes of the electronic service, the Authority may assign to any person —
(a)an authentication code; and
(b)an account with the electronic service.
[11/2013]
(3)  Despite section 140, where any person has given consent for any document to be served on the person through the electronic service, the Authority may serve the document on that person by transmitting an electronic record of the document to that person’s account with the electronic service.
[11/2013]
(4)  Where a person has given consent for a document to be served on the person through the electronic service, the document is deemed to have been served at the time when an electronic record of the document enters the person’s account with the electronic service.
[11/2013]
(5)  Despite any other written law, in any proceedings under this Act —
(a)an electronic record of any document that was served through the electronic service; or
(b)any copy or print-out of that electronic record,
is admissible as evidence of the facts stated or contained therein if that electronic record, copy or print-out —
(c)is certified by the Authority to contain all or any information served through the electronic service in accordance with this section; and
(d)is duly authenticated in the manner specified in subsection (7).
[11/2013]
(6)  To avoid doubt —
(a)an electronic record of any document that was served through the electronic service; or
(b)any copy or print-out of that electronic record,
is not inadmissible in evidence merely because the document was served without the delivery of any equivalent document or counterpart in paper form.
[11/2013]
(7)  For the purposes of this section, a certificate —
(a)giving the particulars of —
(i)any person whose authentication code was used to serve the document; and
(ii)any person or device involved in the production or transmission of the electronic record of the document, or the copy or print-out thereof;
(b)identifying the nature of the electronic record or copy or print-out thereof; and
(c)purporting to be signed by the Authority or by a person occupying a responsible position in relation to the operation of the electronic service at the relevant time,
is sufficient evidence that the electronic record, copy or print-out has been duly authenticated, unless the court, in its discretion, calls for further evidence on this issue.
[11/2013]
(8)  Where the electronic record of any document, or a copy or print‑out of that electronic record, is admissible under subsection (5), it is presumed, until the contrary is proved, that the electronic record, copy or print-out accurately reproduces the contents of that document.
[11/2013]
(9)  The Authority may make regulations which are necessary or expedient for carrying out the purposes of this section, including regulations prescribing the procedure for the use of the electronic service and the procedure in circumstances where there is a breakdown or interruption of the electronic service.
[11/2013]
(10)  In this section, unless the context otherwise requires —
“account with the electronic service”, in relation to any person, means a computer account within the electronic service which is assigned by the Authority to that person for the storage and retrieval of electronic records relating to that person;
“authentication code”, in relation to any person, means an identification or identifying code, a password or any other authentication method or procedure which is assigned to that person for the purposes of identifying and authenticating the access to and use of the electronic service by that person;
“document” includes notice and order;
“electronic record” has the meaning given by section 2 of the Electronic Transactions Act 2010.
[54A
[11/2013]