4. The principal Rules are amended by inserting, immediately after rule 11, the following Parts:“PART IIIA | ELECTRONIC LODGING OF CLAIMS |
11A. In this Part, unless the context otherwise requires —| “authentication code” means any identification or identifying code, password or any other authentication method or procedure which has been assigned to an authorised claimant or his authorised agent for the purpose of identifying and authenticating the electronic lodgment of claims; |
| “authorised agent”, in relation to an authorised claimant, means a person authorised in writing by the claimant to lodge on the claimant’s behalf a claim by electronic means; |
| “authorised claimant” means a person who has been permitted by the Registrar under rule 11B(1) to lodge a claim by electronic means; |
| “identification name” means the identification name assigned to an authorised claimant or his authorised agent by the Registrar under rule 11D; |
| “operation manual” means an operation manual issued by the Registrar under rule 11F(1). |
|
11B.—(1) The Registrar may, subject to such conditions as he may impose, permit any person or class of persons to lodge a claim by electronic means in accordance with this Part.| (2) The fees payable for lodging of any claim specified in rule 9(2) shall apply to the lodging of a claim by electronic means. |
|
11C. An authorised claimant shall ensure that, before commencing the lodging of claims by electronic means, he has —| (a) | obtained the necessary computer and communications equipment and software of the type specified by the Registrar; | | (b) | read and understood the operation manual for the electronic lodgment of claims issued by the Registrar; | | (c) | entered into a maintenance agreement with an approved supplier if required by the Registrar; | | (d) | arranged for payment of the lodging fees referred to in rule 11B(2) by inter-bank GIRO or such other means as the Registrar may require; | | (e) | provided the Registrar with such information as the Registrar may consider necessary for the purposes of these Rules; and | | (f) | complied with such other conditions as the Registrar may impose in writing. |
|
| Identification name and authentication code |
11D.—(1) Before lodging any claim by electronic means, the authorised claimant shall apply to the Registrar for one or more identification names and authentication codes to be assigned to him or his authorised agent.| (2) The authorised claimant or his authorised agent shall register his particulars with the Registrar and acknowledge in writing safe receipt of the identification name and authentication code assigned to him by the Registrar. |
| (3) The authorised claimant or his authorised agent shall inform the Registrar in writing of any change in particulars. |
| (4) Where the authority of an authorised agent is revoked or terminated, the authorised claimant shall immediately request the Registrar in writing to cancel the identification name and authentication code of that authorised agent. |
| (5) The Registrar may delegate in writing to any person his functions and powers under this rule. |
|
| Security of authentication code |
11E. The authorised claimant or his authorised agent shall ensure the confidentiality and security of his authentication code and shall not —| (a) | divulge his authentication code to any other person; or | | (b) | permit any other person to use his authentication code to lodge a claim. |
|
| Lodging of claim by electronic means |
11F.—(1) An authorised claimant or his authorised agent may lodge a claim by electronic means by —| (a) | entering his identification name and authentication code and all particulars as required under section 16 of the Act and by the electronic form displayed on the computer monitor; and | | (b) | transmitting the claim by electronic means, |
| in accordance with the operation manual issued by the Registrar. |
| (2) If a claim is received in the computer account of the Registrar, the claim shall be deemed to be lodged on the day it is transmitted electronically as recorded in the Registrar’s computer account. |
(3) If the claim is not lodged with the Registrar because of —| (a) | an error that was unknown to the authorised claimant or his authorised agent in the electronic transmission of the claim to the tribunal; or | | (b) | a failure or inability to process the electronic lodgment when received by the tribunal, |
| the authorised claimant or his authorised agent may, notwithstanding paragraph (2), apply to the Registrar for an order for the lodgment to be dated as of an earlier date than that on which it was actually received. |
|
| (4) Any application under paragraph (3) shall be accompanied by proof of the transmission to the satisfaction of the Registrar and the Registrar may, before making any order, require that the claim shall be lodged again by any means permitted under these Rules. |
|
|
PART IIIB LODGING OF CLAIMS BY FACSIMILE
TRANSMISSION |
| Registrar may permit lodging by facsimile transmission |
| 11G. The Registrar may permit any person or class of persons to lodge by facsimile transmission claims made in accordance with the relevant form in the Schedule and other approved documents. |
| Acceptance of lodging by facsimile transmission |
11H.—(1) The mere transmission of a claim or an approved document by a facsimile machine does not constitute lodgment.| (2) A claim lodged by facsimile transmission is accepted only after verification by the Registrar of compliance with these Rules including any rule relating to the form or format of documents and payment of fees; but upon verification the claim shall be treated as lodged on the date of receipt of the claim as recorded by the Registrar’s facsimile machine. |
(3) No facsimile lodging shall be accepted unless the following conditions are complied with:| (a) | the claim or other approved document is in accordance with the relevant form in the Schedule; | | (b) | all documents filed by facsimile transmission must be capable of being received on A4-sized paper and no facsimile transmission will be accepted where any part of the document sent cannot be legibly reduced to A4-size; and | | (c) | no document or part thereof submitted shall be illegible. |
|
| (4) If the Registrar determines the document received by facsimile transmission to be unacceptable for lodging, notice of non-acceptance shall be sent by facsimile transmission or otherwise notified to the transmitting party if the Registrar has received sufficient particulars to enable him to do so. |
|
| 11I. A party may lodge a claim or other approved documents by facsimile transmission directly to the tribunal during the office hours of the registry or such other time as the Registrar may determine in writing. |
| Facsimile transmission cover sheet |
11J.—(1) A facsimile lodgment shall be accompanied by a cover sheet which shall be the first page transmitted, followed by any instructions needed to ensure that the document complies with these Rules.(2) The cover sheet shall —| (a) | clearly identify the sender by name, facsimile number, the list of documents being transmitted by caption and matter, and the number of pages; and | | (b) | contain complete information on the mode and time by which the claimant will pay the prescribed fees. |
|
|
11K.—(1) If the claim or other approved document is not lodged with the Registrar because of —| (a) | an error that was unknown to the transmitting party in the transmission of the claim or document to the tribunal; or | | (b) | a failure or inability to process the facsimile lodgment when received by the tribunal, |
| the transmitting party may, notwithstanding rule 11H(2), apply to the Registrar for an order for the lodgment to be dated as of an earlier date than that on which it was actually received. |
| (2) Any application under paragraph (1) shall be accompanied by proof of the transmission to the satisfaction of the Registrar and the Registrar may, before making any order, require that the claim be lodged again by any means permitted under these Rules. |
|
11L.—(1) The fees payable for the lodging of any claim specified in rule 9(2) (referred to in this rule as the fees) shall apply to the lodging of a claim by facsimile transmission.| (2) Such fees shall be paid by post, in person or in any other way determined by the Registrar not later than 7 days after the lodgment by facsimile transmission; and if the fees are not received by the Registrar within such time, the claim shall be deemed to be withdrawn, and no further notice need be given by the tribunal to any party. |
| (3) Every payment of the fees shall be accompanied by a copy of the facsimile transmission cover sheet referred to in rule 11J. |
| (4) Failure to pay the fees shall not preclude a party from lodging the claim again, but the Registrar may revoke or suspend the approval to lodge any claim by facsimile transmission.”. |
|
|
|
|
