{"id":"a-2001-10","name":"Electronic Transactions Act 2001","slug":"electronic-transactions-act-2001","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"10 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23506,"registerId":"act-a-2001-10-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Electronic Transactions Act 2001","content":"Australian Capital Territory\nElectronic Transactions Act 2001\nA2001-10\nRepublication No 4\nEffective: 2 June 2012\nRepublication date: 2 June 2012\nLast amendment made by A2012-14\n(republication for expiry of transitional provisions (pt 10))\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Electronic Transactions Act 2001 (including any amendment\nmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 June 2012.\nIt also includes any commencement, amendment, repeal or expiry affecting this republished law\nto 2 June 2012.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $110 for\nan individual and $550 for a corporation (see Legislation Act 2001, s 133).\n\nR4\n02/06/12\nElectronic Transactions Act 2001\nEffective: 02/06/12\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nElectronic Transactions Act 2001\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Object 2\n4 Simplified outline 2\n5 Dictionary 4\n6 Notes 4\n6A Exemptions 4\nPart 2 Application of legal requirements to\nelectronic communications\nDivision 2.1 General rule about validity of transactions for territory\nlaws\n7 Validity of electronic transactions 5\nDivision 2.2 Requirements under territory laws\n8 Writing 5\n\nContents\nPage\ncontents 2 Electronic Transactions Act 2001\nEffective: 02/06/12\nR4\n02/06/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Signatures 7\n10 Production of document 8\n11 Retention of information and documents 9\nDivision 2.3 Other provisions relating to territory laws\n13 Time of dispatch 12\n13A Time of receipt 13\n13B Place of dispatch and place of receipt 13\n14 Attribution of electronic communications 15\nPart 2A Additional provisions applying to contracts\ninvolving electronic communications\n14A Application—pt 2A 16\n14B Invitation to treat—contracts 16\n14C Use of automated message systems for contract formation—non-\nintervention of individual 17\n14D Error in electronic communications—contracts 17\n14E Application of Act in relation to contracts 18\nPart 3 Miscellaneous\n15 Regulation-making power 20\nDictionary 21\nEndnotes\n1 About the endnotes 24\n2 Abbreviation key 24\n3 Legislation history 25\n4 Amendment history 26\n5 Earlier republications 29\n6 Expired transitional or validating provisions 29\n\nR4\n02/06/12\nElectronic Transactions Act 2001\nEffective: 02/06/12\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nElectronic Transactions Act 2001\nAn Act to facilitate the use of electronic methods in transactions and record\nkeeping\n\nPart 1 Preliminary\nSection 1\npage 2 Electronic Transactions Act 2001\nEffective: 02/06/12\nR4\n02/06/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Electronic Transactions Act 2001.\n3 Object\nThe object of this Act is to provide a regulatory framework that—\n(a) recognises the importance of the information economy to the\nfuture economic and social prosperity of Australia; and\n(b) facilitates the use of electronic transactions; and\n(c) promotes business and community confidence in the use of\nelectronic transactions; and\n(d) enables business and the community to use electronic\ncommunications in their dealings with government.\n4 Simplified outline\n(1) The following is a simplified outline of this Act:\n(a) for a territory law, a transaction is not invalid because it took\nplace by means of 1 or more electronic communications;\n(b) the following requirements imposed under a territory law can\ngenerally be met in electronic form:\n(i) a requirement to give information in writing;\n(ii) a requirement to provide a signature;\n(iii) a requirement to produce a document;\n(iv) a requirement to record information;\n(v) a requirement to retain a document;\n\nPreliminary Part 1\nSection 4\nR4\n02/06/12\nElectronic Transactions Act 2001\nEffective: 02/06/12\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) for a territory law, provision is made for determining the time\nand place of the dispatch and receipt of an electronic\ncommunication;\n(d) the purported originator of an electronic communication is\nbound by it for a territory law only if the communication was\nsent by the purported originator or with the authority of the\npurported originator.\n(2) Part 2A contains provisions applying to contracts involving\nelectronic communications, including provisions (relating to the\ninternet in particular) for the following:\n(a) an unaddressed proposal to form a contract is taken to be an\ninvitation to make offers, rather than as an offer that if\naccepted would result in a contract;\n(b) a contract formed automatically is not invalid, void or\nunenforceable because there was no human review or\nintervention;\n(c) a portion of an electronic communication containing an input\nerror can be withdrawn in certain circumstances;\n(d) the application of certain provisions of part 2 to the extent they\ndo not apply of their own force.\n\nPart 1 Preliminary\nSection 5\npage 4 Electronic Transactions Act 2001\nEffective: 02/06/12\nR4\n02/06/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain words and\nexpressions used in this Act, and includes references (signpost\ndefinitions) to other words and expressions defined elsewhere in this\nAct or in other legislation.\nFor example, the signpost definition ‘computer program—see the\nCopyright Act 1968 (Cwlth), section 10.’ means that the expression\n‘computer program’ is defined in that section and the definition applies\nto this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act 2001, s 155 and s 156 (1)).\n6 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of\nnotes.\n6A Exemptions\n(1) The regulations may provide that all or stated provisions of this Act\ndo not apply—\n(a) to transactions, requirements, permissions, electronic\ncommunications or other stated matters; or\n(b) in stated circumstances.\nNote Power to make a statutory instrument in relation to a matter includes\npower to make provision in relation to a class of matter (see Legislation\nAct, s 48 (2)).\n(2) A regulation may provide that all or stated provisions of this Act do\nnot apply to stated territory laws.\n\nApplication of legal requirements to electronic communications Part 2\nGeneral rule about validity of transactions for territory laws Division 2.1\nSection 7\nR4\n02/06/12\nElectronic Transactions Act 2001\nEffective: 02/06/12\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Application of legal requirements\nto electronic communications\nDivision 2.1 General rule about validity of\ntransactions for territory laws\n7 Validity of electronic transactions\n(1) For a territory law, a transaction is not invalid because it took place\nwholly or partly by means of 1 or more electronic communications.\n(2) The general rule in subsection (1) does not apply in relation to the\nvalidity of a transaction to the extent to which another, more\nspecific, provision of this part deals with the validity of the\ntransaction.\nDivision 2.2 Requirements under territory laws\n8 Writing\n(1) If, under a territory law, a person is required to give information in\nwriting, that requirement is taken to have been met if—\n(a) the person gives the information by means of an electronic\ncommunication; and\n(b) at the time the information was given, it was reasonable to\nexpect that the information would be readily accessible so as to\nbe useable for subsequent reference; and\n(c) the person to whom the information is required to be given\nconsents to the information being given by means of an\nelectronic communication.\n(2) If, under a territory law, a person is permitted to give information in\nwriting, the person may give the information by means of an\nelectronic communication if—\n\nPart 2 Application of legal requirements to electronic communications\nDivision 2.2 Requirements under territory laws\nSection 8\npage 6 Electronic Transactions Act 2001\nEffective: 02/06/12\nR4\n02/06/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(a) at the time the information was given, it was reasonable to\nexpect that the information would be readily accessible so as to\nbe useable for subsequent reference; and\n(b) the person to whom the information is permitted to be given\nconsents to the information being given by means of an\nelectronic communication.\n(3) This section does not affect the operation of any other territory law\nthat provides for or in relation to requiring or permitting information\nto be given, in accordance with particular information technology\nrequirements—\n(a) on a particular kind of data storage device; or\n(b) by means of a particular kind of electronic communication.\n(4) This section applies to a requirement or permission to give\ninformation, whether the expression give, send or serve, or any other\nexpression, is used.\n(5) For this section, giving information includes, but is not limited to,\nthe following:\n(a) making an application;\n(b) making or lodging a claim;\n(c) giving, sending or serving a notification;\n(d) lodging a return;\n(e) making a request;\n(f) making a declaration;\n(g) lodging or issuing a certificate;\n(h) making, varying or cancelling an election;\n(i) lodging an objection;\n(j) giving a statement of reasons.\n\nApplication of legal requirements to electronic communications Part 2\nRequirements under territory laws Division 2.2\nSection 9\nR4\n02/06/12\nElectronic Transactions Act 2001\nEffective: 02/06/12\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Signatures\n(1) If, under a territory law, a person’s signature is required, that\nrequirement is taken to have been met for an electronic\ncommunication if—\n(a) a method is used to identify the person and to show the\nperson’s intention in relation to the information communicated;\nand\n(b) the method was either—\n(i) as reliable as was appropriate for the purpose for which\nthe electronic communication was generated or\ncommunicated, in the circumstances, including any\nrelevant agreement; or\n(ii) proven in fact to have fulfilled the functions mentioned in\nparagraph (a), by itself or together with further evidence;\nand\n(c) the person to whom the signature is required to be given\nconsents to that requirement being met using the method\nmentioned in paragraph (a).\n(2) This section does not affect the operation of any other territory law\nthat provides for or in relation to requiring—\n(a) an electronic communication to contain an electronic signature\n(however described); or\n(b) an electronic communication to contain a unique identification\nin an electronic form; or\n(c) a particular method to be used for an electronic communication\nto identify the originator of the communication and to show the\noriginator’s intention in relation to the information\ncommunicated.\n\nPart 2 Application of legal requirements to electronic communications\nDivision 2.2 Requirements under territory laws\nSection 10\npage 8 Electronic Transactions Act 2001\nEffective: 02/06/12\nR4\n02/06/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The reference in subsection (1) to a law that requires a signature\nincludes a reference to a law that provides consequences for the\nabsence of a signature.\n10 Production of document\n(1) If, under a territory law, a person is required to produce a document\nthat is in the form of paper, an article or other material, that\nrequirement is taken to have been met if—\n(a) the person produces, by means of an electronic\ncommunication, an electronic form of the document; and\n(b) having regard to all the relevant circumstances at the time the\ncommunication was sent, the method of generating the\nelectronic form of the document provided a reliable means of\nassuring the maintenance of the integrity of the information\ncontained in the document; and\n(c) at the time the communication was sent, it was reasonable to\nexpect that the information contained in the electronic form of\nthe document would be readily accessible so as to be useable\nfor subsequent reference; and\n(d) the person to whom the document is required to be produced\nconsents to the production, by means of an electronic\ncommunication, of an electronic form of the document.\n(2) If, under a territory law, a person is permitted to produce a\ndocument that is in the form of paper, an article or other material,\nthen, instead of producing the document in that form, the person\nmay produce, by means of an electronic communication, an\nelectronic form of the document if—\n(a) having regard to all the relevant circumstances at the time the\ncommunication was sent, the method of generating the\nelectronic form of the document provided a reliable means of\nassuring the maintenance of the integrity of the information\ncontained in the document; and\n\nApplication of legal requirements to electronic communications Part 2\nRequirements under territory laws Division 2.2\nSection 11\nR4\n02/06/12\nElectronic Transactions Act 2001\nEffective: 02/06/12\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) at the time the communication was sent, it was reasonable to\nexpect that the information contained in the electronic form of\nthe document would be readily accessible so as to be useable\nfor subsequent reference; and\n(c) the person to whom the document is permitted to be produced\nconsents to the production, by means of an electronic\ncommunication, of an electronic form of the document.\n(3) For this section, the integrity of information contained in a\ndocument is maintained if, and only if, the information has remained\ncomplete and unaltered, apart from—\n(a) the addition of any endorsement; or\n(b) any immaterial change;\nwhich arises in the normal course of communication, storage or\ndisplay.\n(4) This section does not affect the operation of any other territory law\nthat provides for or in relation to requiring or permitting electronic\nforms of documents to be produced, in accordance with particular\ninformation technology requirements—\n(a) on a particular kind of data storage device; or\n(b) by means of a particular kind of electronic communication.\n11 Retention of information and documents\n(1) If, under a territory law, a person is required to record information\nin writing, that requirement is taken to have been met if—\n(a) the person records the information in electronic form; and\n(b) at the time of the recording of the information, it was\nreasonable to expect that the information would be readily\naccessible so as to be useable for subsequent reference; and\n\nPart 2 Application of legal requirements to electronic communications\nDivision 2.2 Requirements under territory laws\nSection 11\npage 10 Electronic Transactions Act 2001\nEffective: 02/06/12\nR4\n02/06/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) if the regulations require that the information be recorded on a\nparticular kind of data storage device—that requirement has\nbeen met.\n(2) If, under a territory law, a person is required to retain, for a\nparticular period, a document that is in the form of paper, an article\nor other material, that requirement is taken to have been met if—\n(a) the person retains, or causes another person to retain, an\nelectronic form of the document throughout that period; and\n(b) having regard to all the relevant circumstances at the time of\nthe generation of the electronic form of the document, the\nmethod of generating the electronic form of the document\nprovided a reliable means of assuring the maintenance of the\nintegrity of the information contained in the document; and\n(c) at the time of the generation of the electronic form of the\ndocument, it was reasonable to expect that the information\ncontained in the electronic form of the document would be\nreadily accessible so as to be useable for subsequent reference;\nand\n(d) if the regulations require that the electronic form of the\ndocument be retained on a particular kind of data storage\ndevice—that requirement has been met throughout that period.\n(3) For subsection (2), the integrity of information contained in a\ndocument is maintained if, and only if, the information has remained\ncomplete and unaltered, apart from—\n(a) the addition of any endorsement; or\n(b) any immaterial change;\nwhich arises in the normal course of communication, storage or\ndisplay.\n(4) If, under a territory law, a person (the first person) is required to\nretain, for a particular period, information that was the subject of an\n\nApplication of legal requirements to electronic communications Part 2\nRequirements under territory laws Division 2.2\nSection 11\nR4\n02/06/12\nElectronic Transactions Act 2001\nEffective: 02/06/12\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nelectronic communication, that requirement is taken to have been\nmet if—\n(a) the first person retains, or causes another person to retain, in\nelectronic form, the information throughout that period; and\n(b) at the time of commencement of the retention of the\ninformation, it was reasonable to expect that the information\nwould be readily accessible so as to be useable for subsequent\nreference; and\n(c) having regard to all the relevant circumstances at the time of\ncommencement of the retention of the information, the method\nof retaining the information in electronic form provided a\nreliable means of assuring the maintenance of the integrity of\nthe information contained in the electronic communication;\nand\n(d) throughout that period, the first person also retains, or causes\nthe other person to retain, in electronic form, such additional\ninformation obtained by the first person as is sufficient to\nenable the identification of the following:\n(i) the origin of the electronic communication;\n(ii) the destination of the electronic communication;\n(iii) the time when the electronic communication was sent;\n(iv) the time when the electronic communication was\nreceived; and\n(e) at the time of commencement of the retention of the additional\ninformation covered by paragraph (c), it was reasonable to\nexpect that the additional information would be readily\naccessible so as to be useable for subsequent reference; and\n(f) if the regulations require that the information be retained on a\nparticular kind of data storage device—that requirement has\nbeen met throughout that period.\n\nPart 2 Application of legal requirements to electronic communications\nDivision 2.3 Other provisions relating to territory laws\nSection 13\npage 12 Electronic Transactions Act 2001\nEffective: 02/06/12\nR4\n02/06/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) For subsection (4), the integrity of information that was the subject\nof an electronic communication is maintained if, and only if, the\ninformation has remained complete and unaltered, apart from—\n(a) the addition of any endorsement; or\n(b) any immaterial change;\nwhich arises in the normal course of communication, storage or\ndisplay.\nDivision 2.3 Other provisions relating to territory\nlaws\n13 Time of dispatch\n(1) For a territory law, unless otherwise agreed between the originator\nand the addressee of an electronic communication, the time of\ndispatch of the electronic communication is—\n(a) the time when the electronic communication leaves an\ninformation system under the control of the originator or of the\nparty who sent it on behalf of the originator; or\n(b) if the electronic communication has not left an information\nsystem under the control of the originator or of the party who\nsent it on behalf of the originator—the time when the\nelectronic communication is received by the addressee.\nExample—par (b)\nthe exchange by parties of electronic communications through the same\ninformation system\nNote An example is part of the Act, is not exhaustive and may extend,\nbut does not limit, the meaning of the provision in which it\nappears (see Legislation Act, s 126 and s 132).\n(2) This section applies even though the place where the information\nsystem supporting an electronic address is located may be different\n\nApplication of legal requirements to electronic communications Part 2\nOther provisions relating to territory laws Division 2.3\nSection 13A\nR4\n02/06/12\nElectronic Transactions Act 2001\nEffective: 02/06/12\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nfrom the place where the electronic communication is taken to have\nbeen dispatched under section 13B.\n13A Time of receipt\n(1) For a territory law, unless otherwise agreed between the originator\nand the addressee of an electronic communication—\n(a) the time of receipt of the electronic communication is the time\nwhen the electronic communication becomes capable of being\nretrieved by the addressee at an electronic address designated\nby the addressee; or\n(b) the time of receipt of the electronic communication at another\nelectronic address of the addressee is the time when both—\n(i) the electronic communication has become capable of\nbeing retrieved by the addressee at that address; and\n(ii) the addressee has become aware that the electronic\ncommunication has been sent to that address.\n(2) For subsection (1), unless otherwise agreed between the originator\nand the addressee of the electronic communication, it is assumed\nthat the electronic communication is capable of being retrieved by\nthe addressee when it reaches the addressee’s electronic address.\n(3) This section applies even though the place where the information\nsystem supporting an electronic address is located may be different\nfrom the place where the electronic communication is taken to have\nbeen received under section 13B.\n13B Place of dispatch and place of receipt\n(1) For a territory law, unless otherwise agreed between the originator\nand the addressee of an electronic communication—\n(a) the electronic communication is taken to have been dispatched\nat the place where the originator has its place of business; and\n\nPart 2 Application of legal requirements to electronic communications\nDivision 2.3 Other provisions relating to territory laws\nSection 13B\npage 14 Electronic Transactions Act 2001\nEffective: 02/06/12\nR4\n02/06/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the electronic communication is taken to have been received at\nthe place where the addressee has its place of business.\n(2) For subsection (1)—\n(a) a party’s place of business is taken to be the location indicated\nby the party, unless another party shows that the party making\nthe indication does not have a place of business at the location;\nand\n(b) if a party has not indicated a place of business and has only\n1 place of business—that place is taken to be the party’s place\nof business; and\n(c) if a party has not indicated a place of business and has more\nthan 1 place of business—the place of business is that which\nhas the closest relationship to the underlying transaction,\ntaking into account the circumstances known to or\ncontemplated by the parties at any time before or at the end of\nthe transaction; and\n(d) if a party has not indicated a place of business and has more\nthan 1 place of business, but paragraph (c) does not apply—the\nparty’s principal place of business is taken to be the party’s\nonly place of business; and\n(e) if a party is an individual and does not have a place of\nbusiness—the party’s place of business is taken to be the\nparty’s home address.\nNote 1 Individual means a natural person (see Legislation Act, dict,\npt 1).\nNote 2 Home address, for an individual, means the address of the place\nwhere the individual usually lives (see Legislation Act, dict, pt 1).\n(3) A location is not a place of business only because it is—\n(a) where equipment and technology supporting an information\nsystem used by a party are located; or\n\nApplication of legal requirements to electronic communications Part 2\nOther provisions relating to territory laws Division 2.3\nSection 14\nR4\n02/06/12\nElectronic Transactions Act 2001\nEffective: 02/06/12\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) where the information system may be accessed by other\nparties.\n(4) The fact only that a party makes use of a domain name or electronic\nmail address connected to a particular country does not create a\npresumption that its place of business is located in the country.\n14 Attribution of electronic communications\n(1) For a territory law, unless otherwise agreed between the purported\noriginator and the addressee of an electronic communication, the\npurported originator of the electronic communication is bound by\nthat communication only if the communication was sent by the\npurported originator or with the authority of the purported\noriginator.\n(2) Subsection (1) does not affect the operation of a territory law that\nprovides for—\n(a) conduct engaged in by a person within the scope of the\nperson’s actual or apparent authority to be attributed to another\nperson; or\n(b) a person to be bound by conduct engaged in by another person\nwithin the scope of the other person’s actual or apparent\nauthority.\n\nPart 2A Additional provisions applying to contracts involving electronic communications\nSection 14A\npage 16 Electronic Transactions Act 2001\nEffective: 02/06/12\nR4\n02/06/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2A Additional provisions applying to\ncontracts involving electronic\ncommunications\n14A Application—pt 2A\n(1) This part applies to the use of electronic communications in relation\nto the formation or performance of a contract between parties where\nthe proper law of the contract is (or would on its formation be) the\nlaw of the Territory.\n(2) Also, this part applies—\n(a) whether some or all of the parties are located within Australia\nor elsewhere; and\n(b) whether the contract is for business purposes, for personal,\nfamily or household purposes, or for other purposes.\n14B Invitation to treat—contracts\n(1) This section applies to a proposal to form a contract made through\n1 or more electronic communications if the proposal—\n(a) is not addressed to 1 or more particular parties; and\n(b) is generally accessible to parties making use of information\nsystems.\n(2) The proposal is taken to be an invitation to make offers, unless it\nclearly shows the intention of the party making the proposal to be\nbound in case of acceptance.\n(3) For subsection (1), a reference to a proposal made through an\nelectronic communication includes a proposal that makes use of an\ninteractive application for the placement of an order through an\ninformation system.\n\nAdditional provisions applying to contracts involving electronic communications Part 2A\nSection 14C\nR4\n02/06/12\nElectronic Transactions Act 2001\nEffective: 02/06/12\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14C Use of automated message systems for contract\nformation—non-intervention of individual\n(1) This section applies to a contract formed by—\n(a) the interaction of an automated message system and an\nindividual; or\n(b) the interaction of automated message systems.\nNote Individual means a natural person (see Legislation Act, dict, pt 1).\n(2) The contract is not invalid, void or unenforceable on the ground\nonly that no individual reviewed or intervened in each action carried\nout by the automated message systems or the resulting contract.\n14D Error in electronic communications—contracts\n(1) This section applies in relation to a statement, declaration, demand,\nnotice or request, including an offer and the acceptance of an offer,\nthat the parties are required to make or choose to make in relation to\nthe formation or performance of a contract.\n(2) Subsection (3) applies if—\n(a) an individual makes an input error in an electronic\ncommunication exchanged with the automated message system\nof another party; and\nNote Individual means a natural person (see Legislation Act, dict,\npt 1).\n(b) the automated message system does not provide the individual\nwith an opportunity to correct the error.\n(3) The individual, or the party on whose behalf the individual was\nacting, has the right to withdraw the part of the electronic\ncommunication in which the input was made if—\n(a) the individual, or the party on whose behalf the individual was\nacting, notifies the other party of the error as soon as possible\n\nPart 2A Additional provisions applying to contracts involving electronic communications\nSection 14E\npage 18 Electronic Transactions Act 2001\nEffective: 02/06/12\nR4\n02/06/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nafter becoming aware of the error and indicates that he or she\nmade an error in the electronic communication; and\n(b) the individual, or the party on whose behalf the individual was\nacting, has not used or received any material benefit or value\nfrom the goods or services (if any) received from the other\nparty.\n(4) The right of withdrawal of a part of an electronic communication\nunder this section is not of itself a right to rescind or otherwise\nterminate a contract.\n(5) The consequences (if any) of the exercise of the right of withdrawal\nof a portion of an electronic communication under this section must\nbe decided in accordance with any applicable rule of law.\nNote In some circumstances the withdrawal of a part of an electronic\ncommunication may invalidate the entire communication or make it\nineffective for the purposes of contract formation (see the UNCITRAL\nexplanatory note for the United Nations Convention on the Use of\nElectronic Communications in International Contracts, par 241,\naccessible at www.uncitral.org.)\n14E Application of Act in relation to contracts\n(1) Section 7 and sections 13 to 13B apply to the following in the same\nway as they apply to a transaction or electronic communication\nmentioned in those sections, and apply as if “For a territory law”\nwas omitted:\n(a) a transaction constituted by or relating to a contract;\n(b) an electronic communication relating to the formation or\nperformance of a contract.\n(2) However, this part (including subsection (1)) does not apply to or in\nrelation to a contract to the extent that—\n(a) part 2 would of its own force have the same effect as this part\nif this part applied; or\n\nAdditional provisions applying to contracts involving electronic communications Part 2A\nSection 14E\nR4\n02/06/12\nElectronic Transactions Act 2001\nEffective: 02/06/12\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) another State or Territory law (that is in substantially the same\nterms as part 2) would of its own force have the same effect as\nthis part if this part applied.\nExample—circumstance where pt 2 may not apply of its own force\na contract negotiated in a State or Territory with a supplier located overseas\nNote An example is part of the Act, is not exhaustive and may extend, but\ndoes not limit, the meaning of the provision in which it appears (see\nLegislation Act, s 126 and s 132).\n\nPart 3 Miscellaneous\nSection 15\npage 20 Electronic Transactions Act 2001\nEffective: 02/06/12\nR4\n02/06/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Miscellaneous\n15 Regulation-making power\nThe Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative\nAssembly, under the Legislation Act 2001.\n\nDictionary\nR4\n02/06/12\nElectronic Transactions Act 2001\nEffective: 02/06/12\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 5)\nNote 1 The Legislation Act 2001 contains definitions and other provisions\nrelevant to this Act.\nNote 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following\nterms:\n document\n home address\n individual\n regulations\n territory law\n the Territory.\naddressee of an electronic communication means a person who is\nintended by the originator to receive the electronic communication,\nbut does not include a person acting as an intermediary in relation to\nthe electronic communication.\nautomated message system means a computer program or an\nelectronic or other automated means used to initiate an action or\nrespond to data messages in whole or in part, without review or\nintervention by an individual each time an action is started or a\nresponse is generated by the system.\ncomputer program—see the Copyright Act 1968 (Cwlth),\nsection 10.\nconsent includes consent that can reasonably be inferred from the\nconduct of the person concerned, but does not include consent given\nsubject to conditions unless the conditions are complied with.\ndata includes all or part of a computer program.\ndata storage device means any article or material (for example, a\ndisk) from which information is capable of being reproduced, with\nor without the aid of any other article or device.\n\nDictionary\npage 22 Electronic Transactions Act 2001\nEffective: 02/06/12\nR4\n02/06/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nelectronic communication means—\n(a) a communication of information in the form of data, text or\nimages by means of guided or unguided electromagnetic\nenergy, or both; or\n(b) a communication of information in the form of sound by means\nof guided or unguided electromagnetic energy, or both, where\nthe sound is processed at its destination by an automated voice\nrecognition system.\ninformation means information in the form of data, text, images or\nsound.\ninformation system means a system for generating, sending,\nreceiving, storing or otherwise processing electronic\ncommunications.\ninformation technology requirements includes software\nrequirements.\nnon-profit body means a body that is not carried on for profit or\ngain to its individual members and is, by the terms of the body’s\nconstitution, prohibited from making any distribution, whether in\nmoney, property or otherwise, to its members.\noriginator of an electronic communication means a person by\nwhom, or on whose behalf, the electronic communication has been\nsent or generated before storage, if any, but does not include a\nperson acting as an intermediary in relation to the electronic\ncommunication.\nperformance of a contract includes non-performance of the contract.\nplace of business means—\n(a) in relation to a person, other than an entity referred to in\nparagraph (b)—a place where the person maintains a\nnon-transitory establishment to pursue an economic activity\nother than the temporary provision of goods or services out of\na particular location; or\n\nDictionary\nR4\n02/06/12\nElectronic Transactions Act 2001\nEffective: 02/06/12\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) in relation to a government, an authority of a government or a\nnon-profit body—a place where an operation or activity is\ncarried out by the government, authority or body.\nthis jurisdiction means the Territory.\ntransaction includes—\n(a) any transaction in the nature of a contract, agreement or other\narrangement; and\n(b) any statement, declaration, demand, notice or request,\nincluding an offer and the acceptance of an offer, that the\nparties are required to make or choose to make in relation to\nthe formation or performance of a contract, agreement or other\narrangement; and\n(c) any transaction of a non-commercial nature.\n\nEndnotes\n1 About the endnotes\npage 24 Electronic Transactions Act 2001\nEffective: 02/06/12\nR4\n02/06/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR4\n02/06/12\nElectronic Transactions Act 2001\nEffective: 02/06/12\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nElectronic Transactions Act 2001 A2001-10\nnotified 8 March 2001 (Gaz 2001 No 10)\ns 1, s 2 commenced 8 March 2001 (LA s 75)\nremainder (ss 3-15) commenced 1 July 2001 (s 2 and Gaz 2001 No 26\np 716)\nas amended by\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 125\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 125 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2002 A2002-30 pt 3.23\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.23 commenced 17 September 2002\nElectronic Transactions Amendment Act 2012 A2012-14\nnotified LR 11 April 2012\ns 1, s 2 commenced 11 April 2012 (LA s 75 (1))\nremainder commenced 1 June 2012 (s 2 and CN2012-8)\n\nEndnotes\n4 Amendment history\npage 26 Electronic Transactions Act 2001\nEffective: 02/06/12\nR4\n02/06/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om R1 (LA s 89 (5))\nSimplified outline\ns 4 am A2012-14 s 4, s 22\nDictionary\ns 5 defs reloc to dict A2002-30 amdt 3.358\ndef data om A2002-30 amdt 3.357\nsub A2002-30 amdt 3.359\nExemptions\ns 6A ins A2012-14 s 5\nGeneral rule about validity of transactions for territory laws\ndiv 2.1 hdg am A2012-14 s 23\nValidity of electronic transactions\ns 7 am A2012-14 s 6, s 22\nRequirements under territory laws\ndiv 2.2 hdg am A2012-14 s 23\nWriting\ns 8 am A2012-14 s 7, s 22\nSignatures\ns 9 sub A2012-14 s 8\nProduction of document\ns 10 am A2012-14 s 9, s 22\nRetention of information and documents\ns 11 am A2012-14 s 10, s 22\nExemptions from this division\ns 12 om A2012-14 s 11\nOther provisions relating to territory laws\ndiv 2.3 hdg am A2012-14 s 23\nTime of dispatch\ns 13 sub A2012-14 s 12\nTime of receipt\ns 13A ins A2012-14 s 12\nPlace of dispatch and place of receipt\ns 13B ins A2012-14 s 12\nAttribution of electronic communications\ns 14 am A2012-14 s 13, s 22\n\nEndnotes\nAmendment history 4\nR4\n02/06/12\nElectronic Transactions Act 2001\nEffective: 02/06/12\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAdditional provisions applying to contracts involving electronic\ncommunications\npt 2A hdg ins A2012-14 s 14\nApplication—pt 2A\ns 14A ins A2012-14 s 14\nInvitation to treat—contracts\ns 14B ins A2012-14 s 14\nUse of automated message systems for contract formation—non-\nintervention of individual\ns 14C ins A2012-14 s 14\nError in electronic communications—contracts\ns 14D ins A2012-14 s 14\nApplication of Act in relation to contracts\ns 14E ins A2012-14 s 14\nRegulation-making power\ns 15 am A2001-44 amdt 1.1454\nMiscellaneous\npt 3 hdg (prev div 2.4 hdg) sub A2002-30 amdt 3.360\nTransitional—Electronic Transactions Amendment Act 2012\npt 10 hdg ins A2012-14 s 15\nexp 1 June 2012 (s 51)\nTransitional—Electronic Transactions Amendment Act 2012\ns 50 ins A2012-14 s 15\nexp 1 June 2012 (s 51)\nExpiry—pt 10\ns 51 ins A2012-14 s 15\nexp 1 June 2012 (s 51)\nDictionary\ndict ins A2002-30 amdt 3.361\nam A2012-14 s 16\ndef addressee ins A2012-14 s 17\ndef automated message system ins A2012-14 s 17\ndef computer program ins A2002-30 amdt 3.361\ndef consent reloc from s 5 A2002-30 amdt 3.358\ndef data ins A2002-30 amdt 3.361\ndef data storage device reloc from s 5 A2002-30 amdt 3.358\ndef electronic communication reloc from s 5 A2002-30 amdt\n3.358\ndef information reloc from s 5 A2002-30 amdt 3.358\ndef information system reloc from s 5 A2002-30 amdt 3.358\n\nEndnotes\n4 Amendment history\npage 28 Electronic Transactions Act 2001\nEffective: 02/06/12\nR4\n02/06/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef information technology requirements reloc from s 5\nA2002-30 amdt 3.358\ndef law of this jurisdiction reloc from s 5 A2002-30\namdt 3.358\nom A2012-14 s 18\ndef non-profit body reloc from s 5 A2002-30 amdt 3.358\ndef originator ins A2012-14 s 19\ndef performance ins A2012-14 s 19\ndef place of business reloc from s 5 A2002-30 amdt 3.358\nsub A2012-14 s 20\ndef this jurisdiction reloc from s 5 A2002-30 amdt 3.358\ndef transaction reloc from s 5 A2002-30 amdt 3.358\nsub A2012-14 s 21\n\nEndnotes\nEarlier republications 5\nR4\n02/06/12\nElectronic Transactions Act 2001\nEffective: 02/06/12\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n12 Sept 2001\n12 Sept 2001–\n16 Sept 2002\nA2001-44 amendments by\nA2011-44\nR2\n24 Sept 2002\n17 Sept 2002–\n31 May 2012\nA2002-30 amendments by\nA2002-30\nR3\n1 June 2012\n1 June 2012–\n1 June 2012\nA2012-14 amendments by\nA2012-14\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have\nexpired. The expiry does not affect any continuing operation of the provisions\n(see Legislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’\nfollowed by the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2012","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2001 Act focused on general electronic transactions and meeting writing/signature requirements for territory laws. The 2012 amendments (reflected in this republication) significantly expanded the scope by adding Part 2A, which specifically addresses contract formation issues like automated systems, input errors, and invitation to treat rules for online commerce. This moved the Act beyond simple 'paper to digital' equivalence into substantive contract law rules for the digital economy."},"complexity_factors":["Moderate cross-referencing to the Legislation Act 2001 for definitions (e.g., 'individual', 'document', 'territory law')","Multiple conditional requirements for electronic equivalents (e.g., consent of recipient, reliability standards, accessibility for subsequent reference)","Nested definitions in the Dictionary (e.g., 'electronic communication' defined by reference to 'data', 'information system' defined separately)","Specific exceptions and savings clauses preserving other specific technology requirements (e.g., s 8(3), s 9(2), s 10(4))","Part 2A introduces specific contract rules with layered conditions (e.g., s 14D on input errors requires notification, no benefit received, and applies only to automated systems without correction opportunities)","Dual structure applying to 'territory laws' generally and specific contract rules in Part 2A with interaction rules (s 14E)"],"plain_english_summary":"This Act makes electronic transactions legally valid in the ACT. It ensures that contracts, signatures, and documents done electronically have the same legal standing as paper ones.\n\n**Key things it does:**\n\n*   **Validates electronic transactions:** A deal or transaction isn't invalid just because it happened by email, online form, or other electronic means.\n*   **Allows electronic signatures:** If a law requires a signature, an electronic one counts if it reliably identifies the person and shows they agree, and if the other party consents.\n*   **Allows electronic documents:** If you're required to provide a document on paper, an electronic version usually suffices if it maintains the document's integrity and the recipient agrees.\n*   **Sets rules for timing and location:** It establishes when an email or electronic message is considered \"sent\" and \"received,\" and where it is deemed to have occurred legally (usually the place of business).\n*   **Protects against typos:** If you make a genuine input error in an electronic contract (like ordering 1000 items instead of 10) and the system doesn't let you fix it, you can withdraw that part of the communication if you notify the other party quickly and haven't benefited from the mistake.\n*   **Allows automated contracts:** Contracts formed by computers talking to each other (automated systems) are valid, even if no human checked each step.\n\n**Who it affects:**\n\n*   **Businesses and consumers:** Anyone buying, selling, or contracting online in the ACT.\n*   **Government:** Allows people to interact with ACT government agencies electronically.\n*   **Anyone keeping records:** Organizations can store documents electronically instead of keeping paper files.\n\n**Why it matters:**\n\nBefore this Act, there was uncertainty about whether an email agreement or a digital signature was legally binding. This law removes that doubt, making e-commerce and digital government services possible and reliable. It aligns the ACT with international standards (UNCITRAL model law) for electronic commerce."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act as republished incorporates amendments that broadened and clarified its scope compared with the original 2001 text. Notable scope additions include: the insertion of Part 2A with contract-specific rules (ss14A–14E) addressing invitation-to-treat, automated message systems, and error withdrawal (see amendment history showing ss14A–14E inserted by A2012-14); insertion of time-of-receipt and place-of-dispatch/receipt rules (ss13A, 13B) and changes to attribution (s14) (see amendment history); and a regulatory exemption power (s6A) allowing regulations to exclude stated provisions or Territory laws from the Act’s operation (s6A). The Dictionary was also expanded and relocated to support these new provisions (see amendment history and the Dictionary). These changes extend the Act’s express coverage of contract formation by electronic and automated means and add delegated powers to specify technical or exempting rules."},"complexity_factors":["Interplay with other Territory laws that may impose specific technical requirements (see s8(3), s9(2), s10(4), s11(4))","Standards expressed as fact-based tests—'readily accessible for subsequent reference' and 'reliable means of assuring the maintenance of the integrity'—require case-specific technical and evidential assessment (see ss8(1)(b), 10(1)(b), 11(2)(b))","Metadata and retention requirements for communications impose operational data-management obligations (see s11(4))","Default rules for time, receipt and place can interact with cross-jurisdictional contacts and multiple places of business (see ss13, 13A, 13B)","Contract-specific rules for automated systems and error withdrawal introduce procedural obligations and factual inquiries about system behaviour and notice timing (see ss14C, 14D)","Consent requirement from the recipient in multiple provisions creates an evidential and contractual layer to rely on electronic methods (see ss8(1)(c), 9(1)(c), 10(1)(d))","Regulation and exemption powers allow future delegated rules that can materially change operational detail (see s6A, s15)","Definitions in the Dictionary (for example, 'originator', 'information system', 'place of business') materially affect interpretation and application"],"plain_english_summary":"What this law does, in plain terms\n\n- Mechanically, the Act makes electronic communications and records legally effective for dealings under Territory law. It says a transaction is not invalid just because it was done electronically (see s7). It also sets out when statutory requirements that refer to writing, signatures, document production and retention can be satisfied by electronic means (see ss8–11). The Act prescribes default rules for when an electronic message is treated as sent or received and where it is taken to have been sent or received (see ss13, 13A, 13B). It sets rules about who is bound by an electronic message (attribution) and specific rules that apply when contracts are formed (Part 2A, ss14A–14E).\n\n- Official rationale stated in the Act (what the law says it is for): to recognise the information economy and to facilitate, promote confidence in, and enable electronic transactions including dealings with government (see s3).\n\nHow it works — the key mechanics someone needs to know\n\n- Validity: A transaction under a Territory law is not invalid merely because it was done electronically (s7). This is a general, default rule subject to other specific provisions in the Act (s7(2)).\n\n- Writing: If a law requires information in writing, that requirement is met by electronic communication if the information would be readily accessible for later reference at the time it was given, and the recipient consents to electronic delivery (s8(1)(b)–(c)). The same accessibility and consent tests apply when electronic delivery is permitted but not required (s8(2)).\n\n- Signatures: A required signature is treated as present in an electronic communication if a method is used that identifies the person and shows their intention, and the method is either appropriately reliable for the purpose or proven to have fulfilled those functions; and the recipient consents (s9(1)(a)–(c)). The Act does not override other laws that impose particular electronic-signature requirements (s9(2)).\n\n- Producing and retaining documents: A paper document requirement is met by an electronic form if the method of generating the electronic form provided a reliable means of assuring the integrity of the information, the information would be readily accessible for later reference, and the recipient consents (s10(1)(b)–(d)). Where retention for a period is required, the actor must retain the electronic form (or cause it be retained) and, in some cases, retain additional metadata (origin, destination, send/receive times) to permit identification (s11(2)–(4)). Integrity is defined as information remaining complete and unaltered except for endorsements or immaterial changes in the normal course of storage or display (s10(3), s11(3), s11(5)).\n\n- Time and place rules: Unless the parties agree otherwise, the Act gives default rules for the time of dispatch (when a message leaves the originator’s information system or, if it has not left, when it is received) (s13), time of receipt (when a message becomes capable of retrieval at the addressee’s designated electronic address) (s13A), and place of dispatch/receipt (taken to be the party’s place of business, with rules for determining that place) (s13B).\n\n- Attribution and authority: A purported originator is bound by an electronic communication only if it was sent by the originator or with the originator’s authority, unless the parties have agreed otherwise (s14(1)). The section does not displace existing law about actual or apparent authority (s14(2)).\n\n- Contracts and automated systems (Part 2A): The Act applies additional rules to contracts governed by Territory law (s14A). A broadly posted, unaddressed online proposal is treated as an invitation to make offers unless it clearly shows an intention to be bound (s14B). Contracts formed by automated systems are not invalid just because there was no human review or intervention (s14C). If an individual makes an input error interacting with another party’s automated system and the system does not allow correction, the individual (or the party on whose behalf they act) can withdraw the erroneous part if notified promptly and no benefit was obtained (s14D). Part 2A also makes parts of the general rules about time/place and validity apply to contract-related communications (s14E).\n\nWho this affects and who pays\n\n- Who is affected: any person or organisation subject to Territory law that requires written information, signatures, production or retention of documents, or that engages in electronic transactions or contract formation under Territory law (see definitions and ss7–11, 14A). The Act applies to individuals, businesses and government bodies operating under Territory law.\n\n- Who pays (practical allocation of costs): the persons and entities that choose to use electronic communications or are required to meet statutory obligations in electronic form bear the costs of compliance. Those costs appear in the form of implementing methods that meet the Act’s tests for accessibility and integrity (see ss8(1)(b), 10(1)(b), 11(2)(b)) and, where applicable, retaining additional information such as origin/destination/time metadata (s11(4)). Recipients must give consent to electronic delivery in many places (ss8(1)(c), 9(1)(c), 10(1)(d)), so parties wanting to rely on electronic methods will often need to secure that consent and maintain systems to demonstrate compliance.\n\nIncentives, trade-offs and compliance burdens (mechanisms, not judgements)\n\n- Incentives created: The Act reduces legal obstacles to using electronic communications by making electronic forms, signatures and records an acceptable way to meet many statutory requirements (s7; ss8–11). That creates a positive legal incentive for parties to transact electronically.\n\n- Trade-offs and costs: The Act conditions electronic validity on factual standards—‘‘readily accessible for subsequent reference’’ (s8(1)(b), s10(1)(c), s11(1)(b)) and use of methods that ‘‘provide a reliable means of assuring the maintenance of the integrity’’ of information (s10(1)(b), s11(2)(b)). Those standards require technical and operational measures (for example, storage, backup, integrity checks and metadata capture) which are an implementation cost. Where regulations require a particular storage device or format, those rules must also be followed (see s11(1)(c), s11(2)(d) and the general regulation power in s15).\n\n- Implementation risk: Automated systems are expressly allowed to form binding contracts without human intervention (s14C), but the Act also gives a limited withdrawal right for input errors when correction was not possible (s14D). Parties using automated systems therefore face risks from both unintended automated contract formation and from potential withdrawal claims; those risks are managed by system design and terms of use (s14C–D).\n\n- Bureaucratic discretion and delegation: The Executive may make regulations under the Act (s15). Regulations can exempt parts of the Act or stated laws or circumstances from the Act’s operation (s6A). Those powers allow the government to define technical requirements, exemptions or other operational details.\n\nWhat the Act does not do (limits and preservation of other laws)\n\n- It does not override Territory laws that already impose specific electronic-technology requirements (for example, a law that specifies a particular storage device, unique electronic identifier, or a particular electronic-signature method) (see s8(3), s9(2), s10(4), s11(4)).\n\n- It does not itself create criminal or civil penalties; it provides rules about validity, form and attribution. Penalties that attach to non-compliance remain in other Territory laws.\n\nImmediate practical effects someone should plan for\n\n- If you will rely on electronic documents or signatures to meet legal requirements under Territory law, ensure recipient consent where required (ss8(1)(c), 9(1)(c), 10(1)(d)) and keep documents readily accessible and their integrity demonstrable (ss8(1)(b), 10(1)(b)–(c), 11(2)(b)).\n\n- If you operate automated contracting systems, document how the system works, how users can correct inputs, and how you will handle withdrawal claims under s14D. Be aware the Act treats unaddressed online proposals as invitations to treat unless the proposal shows an intention to be bound (s14B).\n\nKey text locations to consult in the Act\n\n- Objects and overview: s3, s4.  \n- General validity: s7.  \n- Writing/signature/production/retention: ss8–11.  \n- Time/place rules and attribution: ss13–14.  \n- Contract-specific provisions: ss14A–14E.  \n- Exemptions and regulation power: ss6A, 15.  \n- Definitions that influence the operation of the Act: the Dictionary (for example, originator, automated message system, information system, place of business)."}},"importantCases":[],"_links":{"self":"/api/acts/electronic-transactions-act-2001","history":"/api/acts/electronic-transactions-act-2001/history","analysis":"/api/acts/electronic-transactions-act-2001/analysis","conflicts":"/api/acts/electronic-transactions-act-2001/conflicts","importantCases":"/api/acts/electronic-transactions-act-2001/important-cases","documents":"/api/acts/electronic-transactions-act-2001/documents"}}