Courts and Tribunals (Electronic Processes Facilitation) Act 2013 (Western Australia)

The Act creates a statutory framework that authorises, facilitates and prescribes the legal effect of using electronic technology across court and tribunal processes in Western Australia. Its Part 2 sets out a general rule that where a writing, signature, seal, service, filing, record-keeping or production of an original is required or permitted under a listed Act, the requirement is satisfied if the matter is recorded, lodged, signed/authenticated, attached, given, produced or kept in electronic form in accordance with any regulations or rules of court (see ss 4, 7-16, 18). The Act treats certain electronic acts and forms as having the same legal effect as their paper equivalents (s 18). It also delegates significant detail to regulations and rules of court, including when electronic communication is taken to be received (s 20(4)).

Mechanically, the Act does the following:

Declares Part 2’s purpose as facilitating the use of electronic technology in court proceedings and their records (s 4).
Defines key terms for that purpose, notably a broad definition of electronic and definitions of give, lodge and writing (s 5).
Applies Part 2 to a specified list of Acts (s 6) and enables extension to other written laws by regulation or rule of court (s 20(2); see also many express insertions in Pt 3 which make Part 2 apply to additional Acts).
Converts paper/formal requirements into electronic equivalents, subject to regulations and rules of court: writing (s 7), lodging (s 8), keeping records (s 9), signatures/seals/certificates via authentication (s 10), endorsing/attaching material (s 11), giving or obtaining documents (s 12), originals (s 13), addresses for service (s 14), and forms (ss 15-16).
Prescribes production obligations for electronic records (s 17), and states equivalence between electronic and paper forms (s 18).

CrestWestern Australia

Courts and Tribunals (Electronic Processes Facilitation) Act 2013

Western Australia

Courts and Tribunals (Electronic Processes Facilitation) Act 2013

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Crown bound 2

Part 2 — Provisions facilitating electronic processes in court proceedings and certain other proceedings

Purpose of this Part 3
Terms used 3
Application of this Part 3
Where writing required or authorised 5
Lodging documents 5
Keeping records 6
Signatures, seals and certificates 6
Endorsing, recording or attaching information or documents 7
Giving or obtaining information, documents and records 7
Original documents 8
Address for service 9
Approving forms and other documents 9
Prescribing forms and other documents 10
Production of records kept electronically 10
Status and effect of things done electronically or in electronic form 11
Relationship with other laws relating to electronic processes 11
Power to make regulations and rules of court extended 12

Part 3 — Amendments to other Acts

Division 1 — Bail Act 1982 amended

Act amended 14
Section 3 amended 14
Section 3A deleted 14
Section 4AB inserted 14

4AB. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 14

Section 13B amended 14
Section 27 amended 15
Section 32 amended 15
Section 37 amended 16
Section 43A amended 16
Section 45 amended 17
Section 67 amended 17

Division 2 — Children’s Court of Western Australia Act 1988 amended

Act amended 18
Section 5A inserted 18

5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 18

Division 3 — Civil Judgments Enforcement Act 2004 amended

Act amended 18
Section 6A inserted 18

6A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 18

Division 4 — Criminal and Found Property Disposal Act 2006 amended

Act amended 19

Division 5 — Criminal Appeals Act 2004 amended

Act amended 19
Section 4A inserted 19

4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 19

Division 6 — Criminal Injuries Compensation Act 2003 amended

Act amended 19
Section 8A inserted 20

8A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 20

Division 7 — Criminal Law (Mentally Impaired Accused) Act 1996 amended

Act amended 20
Section 5AA inserted 20

5AA. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 20

Division 8 — Criminal Procedure Act 2004 amended

Act amended 20
Section 3 amended 21
Section 4A inserted 21

4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 21

Section 34 amended 21
Section 45 amended 22
Section 139 amended 22
Section 172 amended 22
Section 173 replaced 23
Unauthorised documents 23
Section 186 amended 23

Division 9 — Dangerous Sexual Offenders Act 2006 amended

Act amended 24
Section 8A inserted 24

8A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 24

Division 10 — District Court of Western Australia Act 1969 amended

Act amended 24
Section 7A inserted 24

7A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 24

Division 11 — Evidence Act 1906 amended

Act amended 25
Section 5A inserted 25

5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 25

Section 12 amended 25
Section 51 amended 25
Section 54 amended 25
Section 55 amended 26
Section 56 amended 26
Section 67 amended 26
Section 68 amended 27
Section 73B amended 27
Section 73BA inserted 27

73BA. Authenticated copies of certain public documents etc. admissible without further proof 27

Sections 82 to 88 deleted 28
Section 109 amended 28
Section 110 amended 28
Section 133 inserted 29
Regulations and rules of court for purposes of Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 29

Division 12 — Fines, Penalties and Infringement Notices Enforcement Act 1994 amended

Act amended 30
Section 5A amended 30
Section 5B inserted 31

5B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 31

Section 10B inserted 31

10B. Registrar to keep record of outstanding fines and other amounts payable by young persons 31

Section 27B amended 32
Section 28 amended 33
Part 4 Division 2 Subdivision 1 heading amended 33
Section 32 replaced 33
Offender must pay fine or get time to pay order 33
Section 33 amended 35
Section 34 amended 36
Section 35 amended 37
Section 35A amended 38
Sections 36 and 37 replaced 38
Registrar may cancel time to pay order 38
Registrar’s decision is final 38

38A. Transitional provisions for Courts and Tribunals (Electronic Processes Facilitation) Act 2013 38

Part 4 Division 2 Subdivision 2 heading amended 39
Section 41 amended 39
Section 48A replaced 39

48A. Order to attend for work and development: cancellation 39

Section 53A amended 40
Section 55B amended 40
Section 56B amended 41
Section 56 amended 41
Section 59A inserted 41

59A. Automatic registration of amounts payable 41

Division 13 — Magistrates Court Act 2004 amended

Act amended 42
Section 4A inserted 43

4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 43

Division 14 — Prisoners (Interstate Transfer) Act 1983 amended

Act amended 43
Section 12 amended 43
Section 14 amended 43
Section 30 amended 43

Division 15 — Prisons Act 1981 amended

Act amended 44
Section 85 amended 44

Division 16 — Prohibited Behaviour Orders Act 2010 amended

Act amended 44
Section 5A inserted 44

5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 44

Division 17 — Restraining Orders Act 1997 amended

Act amended 44
Section 8A inserted 45

8A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 45

Section 50D amended 45
Section 61A amended 45
Section 67 amended 46

Division 18 — Sentencing Act 1995 amended

Act amended 46
Section 4A inserted 46

4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 46

Section 33A amended 47
Section 35 amended 47
Section 80 amended 47
Section 84F amended 48
Section 84K amended 49
Section 120A amended 49

Division 19 — State Administrative Tribunal Act 2004 amended

Act amended 49
Section 7A inserted 50

7A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 50

Division 20 — Supreme Court Act 1935 amended

Act amended 50
Section 6A inserted 50

6A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 50

Division 21 — Young Offenders Act 1994 amended

Act amended 50
Section 6A inserted 51

6A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 51

Section 64 amended 51
Section 65 amended 52
Section 120 amended 52

Notes

Compilation table 54

Uncommenced provisions table 55

Other notes 55

Defined terms

Courts and Tribunals (Electronic Processes Facilitation) Act 2013

An Act —

to provide for the use of electronic technology in relation to court proceedings and certain other proceedings, and the record of court proceedings and certain other proceedings; and
to make consequential and certain other amendments to various Acts; and
to amend the Fines, Penalties and Infringement Notices Enforcement Act 1994 so that the Fines Enforcement Registry is responsible for the management of the process for the enforcement of the payment of certain fines and other amounts as soon as the fines are imposed or the amounts are payable,

and for related purposes.

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1. Short title

This is the Courts and Tribunals (Electronic Processes Facilitation) Act 2013.

2. Commencement

This Act comes into operation as follows —

(a) Part 1 — on the day on which this Act receives the Royal Assent;

(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3. Crown bound

This Act binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities.

Part 2 — Provisions facilitating electronic processes in court proceedings and certain other proceedings

4. Purpose of this Part

The purpose of this Part is to provide for the use of electronic technology in relation to —

(a) court proceedings and certain other proceedings; and

(b) the record of court proceedings and certain other proceedings.

5. Terms used

In this Part —

electronic includes electrical, digital, magnetic, optical, electromagnetic, biometric and photonic;

give includes serve, deliver, send, transmit, provide, issue, notify, inform, advise, furnish, produce, make available or any other similar word or expression;

lodge includes file and register;

person includes a court;

seal includes stamp;

writing, without limiting the definition of that term in the Interpretation Act 1984 section 5, includes any other similar word or expression (for example, paper or instrument).

6. Application of this Part

(1) This Part applies to the following Acts —

(aa) the Administration Act 1903;

(a) the Bail Act 1982;

(b) the Children’s Court of Western Australia Act 1988;

(ca) the Coroners Act 1996;

(d) the Criminal Appeals Act 2004;

(e) the Criminal Injuries Compensation Act 2003;

(ea) the Criminal Investigation Act 2006;

(eb) the Criminal Investigation (Extra‑territorial Offences) Act 1987;

(ec) the Criminal Investigation (Identifying People) Act 2002;

(f) the Criminal Law (Mental Impairment) Act 2023;

(g) the Criminal Procedure Act 2004;

(h) the High Risk Serious Offenders Act 2020;

(i) the District Court of Western Australia Act 1969;

(j) the Evidence Act 1906 (other than section 19B);

(ja) the Family Court Act 1997;

(k) the Fines, Penalties and Infringement Notices Enforcement Act 1994;

(kaa) the Industrial Relations Act 1979;

(ka) the Juries Act 1957;

(l) the Magistrates Court Act 2004;

(m) the Prohibited Behaviour Orders Act 2010;

(n) the Restraining Orders Act 1997;

(na) the Sentence Administration Act 2003;

(o) the Sentencing Act 1995;

(p) the State Administrative Tribunal Act 2004;

(q) the Supreme Court Act 1935;

(r) the Young Offenders Act 1994.

(2) This Part also applies to other written laws in accordance with section 20(1) and (2).

[Section 6 amended: No. 29 of 2020 s. 121; No. 34 of 2020 s. 55; No. 30 of 2021 s. 80; No. 10 of 2023 s. 409.]

7. Where writing required or authorised

(1) If, under a provision of an Act to which this Part applies, a matter or thing is required to be in writing, that requirement is to be taken to be satisfied if the matter or thing is recorded electronically in accordance with any regulations or rules of court.

(2) If, under a provision of an Act to which this Part applies, a matter or thing is permitted to be in writing, the matter or thing may be recorded electronically in accordance with any regulations or rules of court.

8. Lodging documents

(1) If, under a provision of an Act to which this Part applies, a document lodged with a court or tribunal is required to be in writing, that requirement is to be taken to be satisfied if the document is lodged electronically in accordance with any regulations or rules of court.

(2) If, under a provision of an Act to which this Part applies, a document lodged with a court or tribunal is permitted to be in writing, the document may be lodged electronically in accordance with any regulations or rules of court.

(3) If, under a provision of an Act to which this Part applies, an original or certified document is required to be lodged with a court or tribunal, that requirement is to be taken to be satisfied if a copy of the document is lodged electronically in accordance with any regulations or rules of court.

(4) If, under a provision of an Act to which this Part applies, an original or certified document is permitted to be lodged with a court or tribunal, a copy of the document may be lodged electronically in accordance with any regulations or rules of court.

9. Keeping records

(1) If, under a provision of an Act to which this Part applies, a document or record is required to be kept or maintained in written form, or a record is required to be made in written form, that requirement is to be taken to be satisfied if the document or record is kept or maintained or, as the case requires, the record is made in electronic form in accordance with any regulations or rules of court.

(2) If, under a provision of an Act to which this Part applies, a document or record is permitted to be kept or maintained in a written form, or a record is permitted to be made in written form, the document or record may be kept or maintained or, as the case requires, the record may be made in electronic form in accordance with any regulations or rules of court.

10. Signatures, seals and certificates

(1) If, under a provision of an Act to which this Part applies, a document is required to be signed, certified or sealed by any person, that requirement is to be taken to be satisfied if the document is authenticated in accordance with any regulations or rules of court.

(2) If, under a provision of an Act to which this Part applies, a document is permitted to be signed, certified or sealed by any person, the document may be authenticated in accordance with any regulations or rules of court.

(3) Any provision of an Act to which this Part applies that provides that, or to the effect that, a document is evidence, or may be tendered in evidence, without proof of a signature, certificate or seal, or without calling the person who signed, certified or sealed the document, applies with all necessary changes to and in relation to a document that is authenticated in accordance with subsection (1) or (2) as if the reference to a signature, certificate or seal were a reference to authentication.

(4) Any provision of an Act to which this Part applies that provides that, or to the effect that, the signature on any document is presumed to be the signature of the person who issued the document, or that judicial notice is to be taken of a person’s signature, applies with all necessary changes to and in relation to a document that is authenticated in accordance with subsection (1) or (2) as if the reference to a signature were a reference to authentication.

11. Endorsing, recording or attaching information or documents

(1) If, under a provision of an Act to which this Part applies, any information, note, statement, certificate, acknowledgment or other document, record or matter is required to be endorsed or recorded on, or attached or annexed to, any document, and that document is in electronic form, that requirement is to be taken to be satisfied if the information, note, statement, certificate, acknowledgment or other document, record or matter is incorporated electronically in, or associated electronically with, the document in accordance with any regulations or rules of court.

(2) If, under a provision of an Act to which this Part applies, any information, note, statement, certificate, acknowledgment or other document, record or matter is permitted to be endorsed or recorded on, or attached or annexed to, any document, and that document is in electronic form, the information, note, statement, certificate, acknowledgment or other document, record or matter may be incorporated electronically in, or associated electronically with, the document in accordance with any regulations or rules of court.

12. Giving or obtaining information, documents and records

(1) If, under a provision of an Act to which this Part applies, any information, document or record, or a copy of any document or record, is required to be given to, or obtained by, any person in written form, that requirement is to be taken to be satisfied if the information, document, record or copy is given to or, as the case requires, obtained by the person in electronic form in accordance with any regulations or rules of court.

(2) If, under a provision of an Act to which this Part applies, any information, document or record, or a copy of any document or record, is permitted to be given to, or obtained by, any person in written form, the information, document, record or copy may be given to or, as the case requires, obtained by the person in electronic form in accordance with any regulations or rules of court.

(3) An example of the operation of subsection (1) is where a provision requires a copy of a document to be sent to a person, and rules of court provide for that person to be able to access the document on a computer system.

(4) Subsection (1) does not apply in relation to a provision of an Act to which this Part applies to the extent that the provision requires any information, document or record, or a copy of any information, document or record, to be personally served on a person or personally given to a person.

(5) Nothing in this section limits or affects the power of a court or tribunal to order or authorise any information, document or record, or a copy of any document or record, to be given to any person in any particular way.

13. Original documents

(1) If, under a provision of an Act to which this Part applies, the original of a document is required to be given to any person, that requirement is to be taken to be satisfied if the document given to the person is a copy of the document produced from an electronic version of the document in accordance with any regulations or rules of court.

(2) If, under a provision of an Act to which this Part applies, the original of a document is permitted to be given to any person, the document given to the person may be a copy of the document produced from an electronic version of the document in accordance with any regulations or rules of court.

(3) An example of the operation of subsection (1) is where a provision requires a police officer to serve a summons on a person, and rules of court provide for an electronic copy of the summons to be sent to a police officer, and for that police officer to print out a copy of the summons and give it to the person required to be served.

14. Address for service

(1) In this section —

address for service, in relation to a person, includes an address at which documents may be given to, or accepted on behalf of, the person.

(2) If, under a provision of an Act to which this Part applies, a person is required to give an address for service, that requirement is to be taken to be satisfied if the person gives an electronic address (for example, an email address) in accordance with any regulations or rules of court.

(3) If, under a provision of an Act to which this Part applies, a person is permitted to give an address for service, the person may give an electronic address (for example, an email address) in accordance with any regulations or rules of court.

15. Approving forms and other documents

If a provision of an Act to which this Part applies authorises or requires the approval of a form or other document —

(a) that provision is to be taken to authorise both the approval of a printed form or document and the approval of a means of completing the form or document electronically in accordance with any regulations or rules of court; and

(b) it is not necessary that the content and layout of the printed form or document and the means of completing the form or document electronically are identical, as long as the form or document, when completed by either means, is to the same effect.

16. Prescribing forms and other documents

If a provision of an Act to which this Part applies authorises or requires a form or other document to be prescribed —

(a) that provision is to be taken to authorise both the prescribing of a printed form or document and the prescribing of a means of completing the form or document electronically; and

17. Production of records kept electronically

(1) This section applies if, under a provision of an Act to which this Part applies, a person who keeps a record of information in electronic form is required —

(a) to produce the information or a document containing the information to a court, tribunal or person; or

(b) to make a document containing the information available for inspection by a court, tribunal or person.

(2) If this section applies then, unless the court, tribunal or person otherwise directs —

(a) the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and

(b) the production to the court, tribunal or person of the document in that form complies with the requirement.

18. Status and effect of things done electronically or in electronic form

(1) If, in reliance on a provision of this Part, something is done electronically when it would otherwise be required to have been done, or could have been done, using or with respect to a paper document, the doing of that thing electronically has the same effect as if that thing had been done using or with respect to a paper document.

(2) If, in reliance on a provision of this Part, something takes an electronic form when it would otherwise be required to be, or could be, in the form of a paper document, that thing has the same effect as if it were a paper document.

(3) Without limiting subsection (1) or (2) —

(a) a document that is authenticated in accordance with section 10(1) or (2) has the same effect as a document that has been duly signed, certified or sealed; and

(b) a copy of a document that is produced from an electronic version of the document in accordance with section 13(1) or (2) has the same effect as the original.

19. Relationship with other laws relating to electronic processes

(1) This Part is in addition to, and not in substitution for —

(a) the Electronic Transactions Act 2011; and

(b) a provision of any other written law (including a provision of an Act to which this Part applies) that authorises or permits the use of electronic processes for the purposes of an Act to which this Part applies.

(2) The fact that this Part does not apply to a particular Act does not imply that that Act does not authorise or permit the use of electronic processes for the purposes of that Act.

(3) Nothing in this Part limits the operation of any of the following —

(a) the Freedom of Information Act 1992;

(b) the Interpretation Act 1984 section 76;

20. Power to make regulations and rules of court extended

(1) If a provision of an Act to which this Part applies or any other written law empowers the making of any regulations or rules of court for the purposes of an Act to which this Part applies, that power is to be construed (with all necessary changes) as including a general power to make regulations or rules of court for the purposes of this Part.

(2) If a provision of an Act to which this Part applies empowers the making of any regulations or rules of court for the purposes of another Act, and this Part does not apply to the other Act, that power is to be construed (with all necessary changes) as including a general power to make regulations or rules of court for the purposes of this Part as if this Part applied to the other Act.

(3) Without limiting subsection (1) or (2) or any other written law, the power conferred by subsection (1) or (2) includes power to make regulations or rules of court in relation to the use of electronic technology in particular circumstances even though no regulations or rules of court are required with respect to the use of written information, documents or records in the same or similar circumstances.

(4) Without limiting subsection (1) or (2) or any other written law, the power conferred by subsection (1) or (2) to provide that any information, document or record, or a copy of any document or record, is to be or can be given to a person in electronic form includes power to determine when information or a document, record or copy given to a person in that form is to be taken to be, or to be presumed to be, received by, or brought to the attention of, the person.

Part 3 — Amendments to other Acts

Division 1 — Bail Act 1982 amended

21. Act amended

This Division amends the Bail Act 1982.

22. Section 3 amended

In section 3(1) delete the definitions of:

electronic address

electronic communication

23. Section 3A deleted

Delete section 3A.

24. Section 4AB inserted

Before section 4A insert:

4AB. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

25. Section 13B amended

(1) Delete section 13B(1)(b) and insert:

(b) sent to the accused by post to the accused’s address appearing in the records of the court; or

(c) in urgent cases or with the accused’s consent, provided to the accused by electronic means in accordance with the regulations.

(2) In section 13B(2) delete “gives or sends” and insert:

gives, sends or provides

(3) In section 13B(3) delete “subsection (1)(b)(i),” and insert:

subsection (1)(b),

26. Section 27 amended

In section 27(1) and (2) delete “sent” and insert:

made available

Note: The heading to amended section 27 is to read:

Relevant papers to be made available to court where accused to appear

27. Section 32 amended

(1) Delete section 32(1)(c) and insert:

(c) in urgent cases or with the accused’s consent, shall be provided to the accused by electronic means in accordance with the regulations.

(2) In section 32(2) delete “gives or sends” and insert:

gives, sends or provides

28. Section 37 amended

Delete section 37(3).

29. Section 43A amended

(1) Delete section 43A(4) to (7) and insert:

(4) The relevant official may provide the surety undertaking to the proposed surety for completion by providing it by electronic means in accordance with the regulations.

(5) The proposed surety may enter into the surety undertaking by providing the completed surety undertaking to the relevant official by electronic means in accordance with the regulations.

(6) If the surety undertaking is provided by electronic means under subsection (4) or (5), any requirement for the proposed surety or the relevant official to sign it is to be taken to have been complied with if the full name of the proposed surety or the relevant official, as the case requires, appears in the appropriate place in the undertaking.

(7) The relevant official may comply with section 43(c) by providing a copy of the surety undertaking (as duly completed) to the surety by electronic means in accordance with the regulations.

(2) Delete section 43A(10).

Note: The heading to amended section 43A is to read:

Entering into surety undertaking where proposed surety interstate

30. Section 45 amended

Delete section 45(1)(c) and insert:

(i) sending or causing to be sent the approved form to the surety by post to the surety’s address appearing in the records of the court; or

(ii) in urgent cases or with the surety’s consent, providing or causing to be provided the approved form to the surety by electronic means in accordance with the regulations.

31. Section 67 amended

After section 67(2)(a) insert:

(ba) in any case where the regulations provide that any information, document or record, or a copy of any document or record, is to be or can be provided to a person in electronic form, determine when information or a document, record or copy provided to a person in that form is to be taken to be, or to be presumed to be, received by, or brought to the attention of, the person;

Division 2 — Children’s Court of Western Australia Act 1988 amended

32. Act amended

This Division amends the Children’s Court of Western Australia Act 1988.

33. Section 5A inserted

At the end of Part 1 insert:

5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

Division 3 — Civil Judgments Enforcement Act 2004 amended

34. Act amended

This Division amends the Civil Judgments Enforcement Act 2004.

35. Section 6A inserted

After section 5 insert:

6A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

Division 4 — Criminal and Found Property Disposal Act 2006 amended

36. Act amended

This Division amends the Criminal and Found Property Disposal Act 2006.

[37‑39. Have not come into operation.]

Division 5 — Criminal Appeals Act 2004 amended

40. Act amended

This Division amends the Criminal Appeals Act 2004.

41. Section 4A inserted

After section 3 insert:

4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

Division 6 — Criminal Injuries Compensation Act 2003 amended

42. Act amended

This Division amends the Criminal Injuries Compensation Act 2003.

43. Section 8A inserted

At the end of Part 1 insert:

8A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

Division 7 — Criminal Law (Mentally Impaired Accused) Act 1996 amended

44. Act amended

This Division amends the Criminal Law (Mentally Impaired Accused) Act 1996.

45. Section 5AA inserted

After section 4 insert:

5AA. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

Division 8 — Criminal Procedure Act 2004 amended

46. Act amended

This Division amends the Criminal Procedure Act 2004.

47. Section 3 amended

(1) In section 3(1) insert in alphabetical order:

authenticate means authenticate in accordance with the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10;

(2) In section 3(1) in the definition of charge delete “a written” and insert:

48. Section 4A inserted

At the end of Part 1 insert:

4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

49. Section 34 amended

Delete section 34(2) and insert:

(2) An amendment made under subsection (1) must be endorsed on the summons or notice.

50. Section 45 amended

In section 45(6) after “signs” insert:

or authenticates

51. Section 139 amended

Delete section 139(2)(c) and insert:

52. Section 172 amended

Delete section 172(3)(b) and insert:

(b) on any party’s behalf in any court —

(i) by a legal practitioner; or

(ii) with the court’s leave, by a person who is undertaking approved practical legal training requirements (as defined in the Legal Profession Act 2008 section 21(1)); or

(iii) with the court’s leave, by a person who is neither a legal practitioner nor a person referred to in subparagraph (ii).

53. Section 173 replaced

Delete section 173 and insert:

Unauthorised documents

A person must not —

(a) sign or authenticate a prosecution notice, indictment, summons, court hearing notice or witness summons, knowing that he or she is not authorised to do so; or

(b) lodge a prosecution notice or an indictment knowing —

(i) that it has been signed by a person who is not authorised to sign it; or

(ii) that it has been authenticated by a person who is not authorised to authenticate it.

Penalty: imprisonment for 12 months or a fine of $12 000.

54. Section 186 amended

In section 186(2):

(a) in paragraph (c) delete “conducted.” and insert:

conducted;

(b) after paragraph (c) insert:

(d) prescribe requirements relating to the lodging of documents with a court under this Act or another written law.

Division 9 — Dangerous Sexual Offenders Act 2006 amended

55. Act amended

This Division amends the Dangerous Sexual Offenders Act 2006.

56. Section 8A inserted

At the end of Part 1 insert:

8A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

Division 10 — District Court of Western Australia Act 1969 amended

57. Act amended

This Division amends the District Court of Western Australia Act 1969.

58. Section 7A inserted

At the end of Part I insert:

7A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

Division 11 — Evidence Act 1906 amended

59. Act amended

This Division amends the Evidence Act 1906.

60. Section 5A inserted

After section 4 insert:

5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act (other than section 19B).

61. Section 12 amended

In section 12(4) delete “in writing under his hand”.

62. Section 51 amended

In section 51 delete “under his hand” and insert:

signed by him or her

63. Section 54 amended

In section 54:

(a) after “impression” insert:

or image

(b) after “impressed” insert:

or applied

64. Section 55 amended

In section 55:

(a) after “impression” insert:

or image

(b) after “impressed” insert:

or applied

65. Section 56 amended

In section 56 delete “seal purports to be attached or appended” and insert:

seal, or an image of the signature or seal, purports to be attached, appended or applied

66. Section 67 amended

(1) At the beginning of section 67 insert:

(1) In this section, a reference to a seal, stamp or signature includes an image of a seal, stamp or signature.

(2) In section 67 delete “Whenever” and insert:

(2) Whenever

67. Section 68 amended

In section 68(1) delete “under the hand of” and insert:

and signed by

68. Section 73B amended

In section 73B(3) delete “by prepaid post”.

69. Section 73BA inserted

After section 73B insert:

73BA. Authenticated copies of certain public documents etc. admissible without further proof

(1) In this section —

authenticated copy, in relation to a document or official record to which this section applies, means a copy of the document or official record that is authenticated in accordance with any regulations or rules of court as being produced from an electronic version of the document or official record.

(2) This section applies to —

(a) a document that is at any time filed in a court and is recorded in electronic form; and

(b) the official record of any proceedings in a court, if the official record is kept in electronic form.

(3) An authenticated copy of a document or official record to which this section applies is admissible in evidence without further proof as if it were the document or official record of which it is an authenticated copy.

(4) If the registrar, clerk or proper officer of a court is served with legal process to produce, in a court or before a person acting judicially, a document or official record to which this section applies, it is sufficient answer to that process if the person to whom it is addressed provides or makes available to the registrar, clerk or proper officer of the court in which the document or official record is to be produced or the person before whom the document or official record is to be produced an authenticated copy of the document or official record.

70. Sections 82 to 88 deleted

(1) Delete the heading before section 82.

(2) Delete sections 82 to 88.

71. Section 109 amended

In section 109(1) in the definition of examination delete “letter of”.

72. Section 110 amended

In section 110(1)(c) delete “letter of”.

73. Section 133 inserted

After section 132 insert:

Regulations and rules of court for purposes of Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2

Regulations and rules of court for purposes of Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2

(1) The Governor may make regulations prescribing all matters that are necessary or convenient to be prescribed for giving effect to the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 as applied by section 5A.

(2) The power of an authority to make rules of court extends to making rules of court prescribing all matters that are necessary or convenient to be prescribed for giving effect to the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 as applied by section 5A.

(3) The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 20(3) and (4) apply as if the power conferred by subsections (1) and (2) of this section were a power conferred by section 20(1) or (2) of that Act.

(4) This section does not limit or affect any other power in this Act or any other written law to make regulations or rules of court.

Division 12 — Fines, Penalties and Infringement Notices Enforcement Act 1994 amended

74. Act amended

This Division amends the Fines, Penalties and Infringement Notices Enforcement Act 1994.

75. Section 5A amended

(1) Delete section 5A(1) and insert:

(1) If under this Act information or a document or notice must or may be given to or served on a person, it may, with the consent of that person or in other circumstances specified in the regulations, be given or served by electronic means in accordance with the regulations.

(2) In section 5A(2):

(a) delete paragraph (a) and insert:

(a) any document that under this Act must be served personally, other than any of the following —

(i) an order to attend for work and development under section 47 or 47A;

(ii) a work and development order;

(b) delete paragraphs (b), (c) and (e).

76. Section 5B inserted

At the end of Part 1 insert:

5B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

(1) The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

(2) Subsection (1) is subject to section 5A(2).

77. Section 10B inserted

At the end of Part 2 insert:

10B. Registrar to keep record of outstanding fines and other amounts payable by young persons

(1) In this section —

relevant amount means —

(a) a fine to which the Young Offenders Act 1994 section 65(1)(a) applies; or

(b) a bail undertaking to which the Young Offenders Act 1994 section 65(1)(b) applies; or

young person has the meaning given in the Young Offenders Act 1994 section 3.

(2) The Registrar must maintain a record of all relevant amounts to which this section applies, including details of —

(a) the young person by whom the relevant amount is payable; and

(b) the time specified by the court within which the relevant amount is to be paid; and

(d) the payment of the relevant amount or of any instalment of the relevant amount; and

(e) when the young person by whom the relevant amount is payable has defaulted in the payment of the relevant amount or of any instalment of the relevant amount.

(3) As soon as practicable after the record maintained by the Registrar under subsection (2) indicates that, in relation to a relevant amount, a young person has defaulted in the payment of the relevant amount or of any instalment of the relevant amount, the Registrar must notify the default to —

(a) in the case of a fine, the court that imposed the fine; or

(b) in the case of a bail undertaking or a recognisance, the court that ordered the bail undertaking or recognisance to be forfeited.

78. Section 27B amended

In section 27B delete “sections 34 and 35 (other than sections 34(2) and 35(2)),” and insert:

sections 34 and 35,

79. Section 28 amended

In section 28(1) delete the definition of time to pay order and insert:

time to pay order, except in sections 55A and 55B —

(a) means an order made under section 33(4); and

(b) includes an amended time to pay order;

80. Part 4 Division 2 Subdivision 1 heading amended

In the heading to Part 4 Division 2 Subdivision 1 delete “court officers” and insert:

	**Registrar**

81. Section 32 replaced

Delete section 32 and insert:

Offender must pay fine or get time to pay order

(1) When a fine is imposed, an offender must either —

(a) pay the fine; or

(b) apply for a time to pay order in respect of the fine.

(2) When a fine is imposed —

(a) the fine is to be taken to be registered; but

(b) the Registrar must not take any action under section 42 or 47A in relation to the fine unless —

(i) a period of 28 days after the day on which the fine was imposed has elapsed; and

(ii) the offender has not, within that period, either paid the fine or applied for a time to pay order in respect of the fine, or the offender’s application for a time to pay order in respect of the fine has been refused.

(3) Subsection (2)(b) does not apply if, at the time the fine is first taken to be registered —

(a) another fine imposed on the offender, or any other amount payable by the offender, is already registered under this Part, and the fine or amount has not been paid and no time to pay order has been obtained in respect of the fine or amount; or

(b) one of the methods of enforcement available under Division 3 (which includes an order to attend for work and development and a WDO) is already being invoked in respect of a fine imposed on, or an amount payable by, the offender; or

(c) the Registrar is already taking action under section 55D(1) in respect of a fine imposed on, or an amount payable by, the offender.

(4) This section is subject to —

(a) the Sentencing Act 1995 sections 57A, 58 and 59; and

(b) section 53(2).

(5) If a fine has been imposed before the date on which the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 81 comes into operation (the commencement date) —

(a) this section applies to and in relation to the fine only if the fine has not been paid before the commencement date; and

(b) subsection (2) does not apply to or in relation to the fine if —

(i) the fine has been registered before the commencement date; and

(ii) that registration has not been cancelled before the commencement date;

and

(c) if a time to pay order is in force in respect of the fine immediately before the commencement date, that time to pay order continues in force under and subject to this Division.

82. Section 33 amended

(1) In section 33(1) delete “a court officer” and insert:

the Registrar

(2) Delete section 33(2) and insert:

(2) An application for a time to pay order in respect of a fine cannot be made later than the 28th day after the day on which the fine was imposed.

(3) In section 33(3) delete “court officer” and insert:

Registrar

(4) In section 33(4) delete “court officer,” and insert:

Registrar,

(5) In section 33(5) delete “A court officer” and insert:

The Registrar

(6) In section 33(8) delete “a court officer” and insert:

the Registrar

83. Section 34 amended

(1) In section 34(1) delete “court officer” and insert:

Registrar

(2) Delete section 34(2).

(3) In section 34(3) delete “court officer” and insert:

Registrar

(4) In section 34(4) delete “court officer,” and insert:

Registrar,

(5) In section 34(6) delete “a court officer” and insert:

the Registrar

84. Section 35 amended

(1) In section 35(1) delete “A court officer” and insert:

The Registrar

(2) In section 35(2) delete “registered or”.

(3) In section 35(4) delete “court officer,” and insert:

Registrar,

(4) In section 35(6):

(a) delete “A court officer” and insert:

The Registrar

(b) delete “court officer” (last occurrence) and insert:

Registrar

Note: The heading to amended section 35 is to read:

Registrar may amend time to pay order

85. Section 35A amended

In section 35A delete “a court officer” and insert:

the Registrar

86. Sections 36 and 37 replaced

Delete sections 36 and 37 and insert:

Registrar may cancel time to pay order

(1) The Registrar, without notice to the offender, may cancel a time to pay order if the offender —

(a) contravenes the order; or

(b) contravenes a request made under section 35(1).

(2) If the Registrar cancels a time to pay order, the Registrar may take any action in relation to the fine that the Registrar is authorised to take under section 42 or 47A or 55D.

Registrar’s decision is final

The decision of the Registrar under this Subdivision is final.

38A. Transitional provisions for Courts and Tribunals (Electronic Processes Facilitation) Act 2013

An application under this Subdivision to a court officer that has been made but not decided before the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 86 comes into operation is to be taken to have been made to the Registrar, and is to be dealt with accordingly.

87. Part 4 Division 2 Subdivision 2 heading amended

In the heading to Part 4 Division 2 Subdivision 2 delete “court officers cannot make time to pay orders” and insert:

	**time to pay orders cannot be made**

88. Section 41 amended

Delete section 41(2) and (6).

89. Section 48A replaced

Delete section 48A and insert:

48A. Order to attend for work and development: cancellation

(1) This section applies if —

(a) an order to attend for work and development is issued under section 47 or 47A; and

(b) it is not reasonably practicable to serve the order on the offender —

(i) personally; or

(ii) by electronic means under section 5A(1).

(2) If this section applies, the Registrar may cancel the order to attend for work and development and make or again make a licence suspension order in respect of the offender.

(3) For the purposes of subsection (2), section 43(2) to (9) (but not section 43(4)), with any necessary changes, apply.

(4) A licence suspension order —

(a) may be made even if section 42 has not been complied with; but

(b) cannot be made if a time to pay order under section 33 is in force in respect of the person and the amount owed.

90. Section 53A amended

Delete section 53A(2) and insert:

(2) For the purposes of subsection (1), section 43(2) to (9) (but not section 43(4)), with any necessary changes, apply.

(3) A licence suspension order —

(a) may be made even if section 42 has not been complied with; but

(b) cannot be made if a time to pay order under section 33 is in force in respect of the person and the amount owed.

91. Section 55B amended

In section 55B delete “sections 34 and 35 (other than sections 34(2) and 35(2)),” and insert:

sections 34 and 35,

92. Section 56B amended

In section 56B(d) delete “section 55A” and insert:

section 33 or 55A

93. Section 56 amended

Before section 56(c) insert:

(ca) any amount of a recognisance entered into by an offender under the Young Offenders Act 1994 section 69, in any case where any amount of the recognisance is ordered to be forfeited and —

(i) section 64 of that Act applies to the payment and enforcement of the amount concerned; or

(ii) under section 65(3)(a) of that Act, the court must register the amount forfeited under this Act;

94. Section 59A inserted

At the end of Part 5 insert:

59A. Automatic registration of amounts payable

(1) Subsection (2) applies to the following orders —

(a) an order to which section 56(a) applies, other than an order to which the Young Offenders Act 1994 section 65(1)(b) applies;

(b) an order to which section 56(ca)(i) or (c), 57 or 58 applies.

(2) When an order to which this subsection applies is made, the amount that is ordered to be forfeited under the order is to be taken to be registered under Part 4 as if the amount were a fine.

(3) If, under the Young Offenders Act 1994 section 65(3)(a), the court must register the amount of a forfeited bail undertaking or forfeited recognisance under this Act, the amount that is forfeited is to be taken to be registered under Part 4 as if the amount were a fine.

(4) This section does not limit the operation of Part 4 as applied by section 56, 57 or 58.

(5) This section does not apply to or in relation to an order to which section 56, 57 or 58 applies if the order was made before the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 94 came into operation.

[95. Deleted: No. 25 of 2020 s. 107.]

Division 13 — Magistrates Court Act 2004 amended

96. Act amended

This Division amends the Magistrates Court Act 2004.

97. Section 4A inserted

At the end of Part 1 insert:

4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

Division 14 — Prisoners (Interstate Transfer) Act 1983 amended

98. Act amended

This Division amends the Prisoners (Interstate Transfer) Act 1983.

99. Section 12 amended

In section 12(1) delete “in writing”.

100. Section 14 amended

In section 14(2) delete “order in writing,” and insert:

order,

101. Section 30 amended

In section 30(2) delete “warrant under his hand —” and insert:

warrant —

Division 15 — Prisons Act 1981 amended

102. Act amended

This Division amends the Prisons Act 1981.

103. Section 85 amended

In section 85(1) delete “written”.

Division 16 — Prohibited Behaviour Orders Act 2010 amended

104. Act amended

This Division amends the Prohibited Behaviour Orders Act 2010.

105. Section 5A inserted

At the end of Part 1 insert:

5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

[106. Has not come into operation.]

Division 17 — Restraining Orders Act 1997 amended

107. Act amended

This Division amends the Restraining Orders Act 1997.

[108. Has not come into operation.]

109. Section 8A inserted

At the end of Part 1 insert:

8A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

[110‑112. Have not come into operation.]

113. Section 50D amended

In section 50D(2)(a) delete “care and protection within the meaning of the Child Welfare Act 1947; or” and insert:

protection as defined in the Children and Community Services Act 2004 section 3; or

[114‑117. Have not come into operation.]

118. Section 61A amended

After section 61A(7) insert:

(8) In subsection (7) —

written reasons includes reasons that are —

(a) given orally and subsequently transcribed; or

(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.

[119. Has not come into operation.]

120. Section 67 amended

(1) In section 67(2) delete “is to make a written record of the” and insert:

must give written

(2) After section 67(2) insert:

(3A) In subsection (2) —

written reasons includes reasons that are —

(a) given orally and subsequently transcribed; or

(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.

[121. Has not come into operation.]

Division 18 — Sentencing Act 1995 amended

122. Act amended

This Division amends the Sentencing Act 1995.

123. Section 4A inserted

After section 3 insert:

4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

[124. Has not come into operation.]

125. Section 33A amended

Delete section 33A(7) and insert:

(7) In subsection (6) —

written reasons includes reasons that are —

(a) given orally and subsequently transcribed; or

(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.

126. Section 35 amended

(1) Delete section 35(2).

(2) Delete section 35(4) and insert:

(4) In subsection (1) —

written reasons includes reasons that are —

(a) given orally and subsequently transcribed; or

(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.

[127. Has not come into operation.]

128. Section 80 amended

(1) In section 80(4) delete “state its” and insert:

give written

(2) After section 80(4) insert:

(5A) In subsection (4) —

written reasons includes reasons that are —

(a) given orally and subsequently transcribed; or

(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.

129. Section 84F amended

(1) In section 84F(4) delete “state its” and insert:

give written

(2) After section 84F(4) insert:

(5A) In subsection (4) —

written reasons includes reasons that are —

(a) given orally and subsequently transcribed; or

(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.

130. Section 84K amended

After section 84K(6) insert:

(7) A certificate by a court under subsection (6) is, in the absence of evidence to the contrary, evidence of its contents.

131. Section 120A amended

Delete section 120A(2) and insert:

(2) On receiving a request under subsection (1), and if satisfied that the restitution order is in force, the Sheriff may —

(a) seize the property and deliver it to the victim; and

(b) for the purposes of seizing the property, enter any place where the Sheriff reasonably believes the property may be.

Division 19 — State Administrative Tribunal Act 2004 amended

132. Act amended

This Division amends the State Administrative Tribunal Act 2004.

133. Section 7A inserted

At the end of Part 1 insert:

7A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

Division 20 — Supreme Court Act 1935 amended

134. Act amended

This Division amends the Supreme Court Act 1935.

135. Section 6A inserted

At the end of Part I insert:

6A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

Division 21 — Young Offenders Act 1994 amended

136. Act amended

This Division amends the Young Offenders Act 1994.

137. Section 6A inserted

At the end of Part 1 insert:

6A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

[138, 139. Have not come into operation.]

140. Section 64 amended

(1) In section 64 delete “If a young person” and insert:

(1) If a young person

(2) At the end of section 64 insert:

(2) Without limiting subsection (1) —

(a) the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 32(2) applies to and in relation to a fine to which subsection (1)(a) applies; and

(b) section 59A(2) of that Act applies to and in relation to —

(i) a forfeited bail undertaking to which subsection (1)(b) applies; and

(ii) a forfeited recognisance to which subsection (1)(c) applies.

141. Section 65 amended

(1) After section 65(2) insert:

(3A) The Fines, Penalties and Infringement Notices Enforcement Act 1994 section 10B applies to fines, forfeited bail undertakings and forfeited recognisances to which subsection (1) applies.

(2) After section 65(3) insert:

(4A) If, under subsection (3)(a), the court must register a fine or the amount of a forfeited undertaking or forfeited recognisance under the Fines, Penalties and Infringement Notices Enforcement Act 1994, then —

(a) in the case of a fine, section 32(2) of that Act applies to and in relation to the fine; and

(b) in the case of a forfeited undertaking or forfeited recognisance, section 59A(3) of that Act applies to and in relation to the amount forfeited.

142. Section 120 amended

(1) In section 120(2) delete “record in writing the” and insert:

give written

(2) After section 120(2) insert:

(3) In subsection (2) —

written reasons includes reasons that are —

(a) given orally and subsequently transcribed; or

(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.

View image in the official source

Notes

This is a compilation of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title	Number and year	Assent	Commencement
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 (other than s. 37-39, 95, 106, 108, 110‑112, 114‑117, 119, 121, 124, 127, 138 and 139) 1	20 of 2013	4 Nov 2013	Pt. 1: 4 Nov 2013 (see s. 2(a)); Act other than Pt. 1 and s. 22, 23, 25, 27‑30, 37‑39, 95, 106, 108, 110‑112, 114‑‑117, 119, 121, 124, 127, 138 and 139: 25 Nov 2013 (see s. 2(b) and Gazette 22 Nov 2013 p. 5391); s. 22, 23, 25, 27‑30: 13 Sep 2014 (see s. 2(b) and Gazette 12 Sep 2014 p. 3279); s. 75: 14 Nov 2015 (see s. 2(b) and Gazette 13 Nov 2015 p. 4631)
Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020 Pt. 3 Div. 1	25 of 2020	19 Jun 2020	29 Sep 2020 (see s. 2(1)(c) and SL 2020/159 cl. 2(a))
High Risk Serious Offenders Act 2020 s. 121	29 of 2020	9 Jul 2020	26 Aug 2020 (see s. 2(1)(c) and SL 2020/131 cl. 2)
COVID‑19 Response and Economic Recovery Omnibus Act 2020 s. 55	34 of 2020	11 Sep 2020	12 Sep 2020 (see s. 2(b))
Industrial Relations Legislation Amendment Act 2021 Pt. 3	30 of 2021	22 Dec 2021	20 Jun 2022 (see s. 2(1)(b) and SL 2022/79 cl. 2)
Criminal Law (Mental Impairment) Act 2023 s. 409	10 of 2023	13 Apr 2023	1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2)

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA legislation website.

Short title	Number and year	Assent	Commencement
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 s. 37‑39, 106, 108, 110‑112, 114‑117, 119, 121, 124, 127, 138 and 139	20 of 2013	4 Nov 2013	To be proclaimed (see s. 2(b))
Evidence Act 2025 s. 492(2)	15 of 2025	25 Sep 2025	To be proclaimed (see s. 2(e))

Other notes

1 The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 s. 95 had not come into operation when it was deleted by the Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020 s. 107.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

address for service 14(1)

electronic 5

give 5

lodge 5

person 5

seal 5

writing 5

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Courts and Tribunals (Electronic Processes Facilitation) Act 2013

Western Australia

Courts and Tribunals (Electronic Processes Facilitation) Act 2013

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Crown bound 2

Part 2 — Provisions facilitating electronic processes in court proceedings and certain other proceedings

Purpose of this Part 3
Terms used 3
Application of this Part 3
Where writing required or authorised 5
Lodging documents 5
Keeping records 6
Signatures, seals and certificates 6
Endorsing, recording or attaching information or documents 7
Giving or obtaining information, documents and records 7
Original documents 8
Address for service 9
Approving forms and other documents 9
Prescribing forms and other documents 10
Production of records kept electronically 10
Status and effect of things done electronically or in electronic form 11
Relationship with other laws relating to electronic processes 11
Power to make regulations and rules of court extended 12

Part 3 — Amendments to other Acts

Division 1 — Bail Act 1982 amended

Act amended 14
Section 3 amended 14
Section 3A deleted 14
Section 4AB inserted 14

4AB. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 14

Section 13B amended 14
Section 27 amended 15
Section 32 amended 15

The statute relies on a small set of structural devices and definitions to convert paper processes into electronic ones.

Broad, enabling definitions. The Act defines electronic expansively to include electrical, digital, magnetic, optical, electromagnetic, biometric and photonic means (s 5). It also broadens verbs such as give and lodge to include electronic equivalents (s 5). These definitions operate as the foundation for converting requirements that are expressed in written/paper terms into electronic practices under ss 7-16.
Functional equivalence. Sections 7-16 adopt a functional equivalence approach. Where a law requires or permits something “in writing” or “signed”, the Act provides that the requirement is satisfied if the same matter is recorded or authenticated electronically in accordance with regulations or rules of court (for example ss 7(1), 10(1), 13(1)). Section 18 restates the equivalence: an electronic act has “the same effect” as the paper version, and authenticated electronic documents have the same effect as duly signed, certified or sealed documents (s 18(3)).
Delegation to regulations and rules of court. The Act does not prescribe authentication methods, file formats, or precise service/receipt timing. Instead it authorises the Governor (regulations) and rule-making authorities (rules of court) to make detailed rules necessary for Part 2 to operate, and explicitly gives those instruments power to determine when electronic communication is taken to be received (s 20(1)-(4)). The Criminal Procedure Act and Evidence Act amendments (s 133 in Evidence Act insert) replicate and extend that rule making power as applied to those Acts.
Evidence and admissibility. The Evidence Act is amended to accept images of signatures and seals and to introduce an admissibility provision for authenticated copies: authenticated copies of documents or official records kept electronically are admissible without further proof (new s 73BA). This ties evidentiary admissibility to the authentication standards to be prescribed by regs/rules (Evidence Act amendments, ss 59-73BA inserted).
Exceptions and preserved requirements. The Act preserves the requirement for personal service where specifically required: ss 12(4) and 7(4) (original/personal service exceptions). It also states it is “in addition to, and not in substitution for” the Electronic Transactions Act 2011 and other written law enabling electronic processes (s 19(1)). Clauses preserve operation of FOI, Interpretation Act s 76 and State Records Act 2000 (s 19(3)).
Administrative centralisation for fines. The Fines Act is heavily amended: the Registrar replaces court officers as the operational centre for time-to-pay applications, cancellations and some enforcement decisions (see replacements in ss 81-86 and 32-37 changes). The Fines Act also adopts automatic registration mechanics and specific time frames (for example the 28-day period for applications for time to pay , s 32(2)(b); 33(2) limits application period).
Criminal-procedure authorisation and offences. The Criminal Procedure Act changes define authenticate by reference to this Act (s 47) and create an offence for signing or authenticating certain prosecution documents when not authorised, or lodging them when knowing the signature/authentication is unauthorised (replacement of s 173). Penalty is imprisonment for 12 months or a fine of $12,000 (see s 53 replacement).
Production and readability standard. Section 17 imposes an obligation: where a person keeps records electronically and is required to produce them, the person must produce or make available a document that reproduces the information “in a form capable of being understood” unless the court directs otherwise (s 17(2)).

These concepts make clear the Act’s core mechanism: convert formal, paper‑based processes into electronic ones by statutory equivalence, while delegating technical and procedural standards to regulations and rules of court.

Primary affected actors, as established in the text:

Courts, tribunals, registrars and clerks. The Act applies to courts and tribunals listed in s 6 and, via Part 3 amendments, to many more Acts (see Divisions 1-21). Rule-making authorities and registrars gain expanded operational and regulatory responsibilities (s 20; Fines Act amendments where “Registrar” now performs many functions , ss 81-86). Courts retain power to order particular modes of giving, but detail sits with regulators and court rules (s 12(5), s 20).
Legal practitioners and litigants. Lawyers and litigants will be required or permitted to submit pleadings, affidavits, notices, and other documents electronically where regulations/rules so provide (ss 7-9, 12). The Criminal Procedure Act amendment to define “authenticate” by reference to this Act (s 47) affects how prosecution documents are certified or authorised.
Court users who receive documents or must be served. Parties can provide an electronic address for service under s 14. The Fines Act amendments affect offenders, particularly young persons whose fines and other amounts are logged and actively enforced via the Registrar (Fines Act ss 10B, 32, 33, 59A). For some processes the Act allows urgent electronic service or service with consent (Bail Act amendments, e.g. new s 13B variations in Pt 3 Div 1).
Government agencies and officers. Police, prosecution authorities and other public officers who formerly served paper documents must be able to produce electronic copies or authenticated versions (see s 13 example where police may print an electronic summons). Officers who authorise documents (for example registrars, relevant officials under the Bail Act) gain the option to authenticate electronically (s 10; Bail Act amendments ss 25, 29).
Vulnerable groups and individuals without electronic access. The Act removes some procedural friction for those with electronic access but leaves intact personal service requirements where expressly required (s 12(4)). It also enables addresses for service to be electronic (s 14), which may disadvantage persons without reliable electronic contact unless regulations preserve alternatives.
Providers of court IT, electronic filing systems and records management. The Act delegates to regulations/rules the standards for authentication, formats, storage and when electronic communications are taken to be received (s 20). That delegation creates demand for compliant electronic filing systems, authentication services and record-keeping solutions.
Record-keepers and archives. The Act intersects with State Records Act obligations (s 19(3)(c)). Where official records are kept electronically, authenticated copies are admissible (Evidence Act s 73BA), which places a duty on registrars/officers to maintain evidentially reliable electronic records.

Secondary and consequential effects are visible in the amendments to many substantive statutes (Part 3). For example, changes in criminal procedure criminalise unauthorised authentication or lodgement of certain prosecution documents (s 53 replacement), and the Fines Act reallocates enforcement duties to the Registrar (ss 81-86), changing who decides and who operationally enforces fines.

Who pays and who decides: the State will incur IT and transitional costs; legal practitioners and litigants will bear costs to adopt electronic processes; the Governor (via regulations) and courts (via rules of court) decide standards; registrars and relevant officials implement and enforce operational decisions (ss 20, 32-37, 36-37 replacements). The Act centralises some administrative decisions in registrars (Fines Act) and delegates technical standard-setting to subordinate instruments.

The Act creates a set of duties and rights concerning the form and effect of procedural acts.

Rights to use electronic processes (subject to regs/rules)

Right to record matters electronically where writing is required or permitted (s 7).
Right to lodge documents electronically where lodging is required or permitted (s 8).
Right to keep records electronically where written records are required or permitted (s 9).
Right to have electronic authentication substitute for signature/seal/certificate requirements (s 10).
Right to give or obtain documents electronically in place of written delivery, except where personal service is required (s 12(1), (4)).
Right to provide electronic addresses for service where an address for service is required or permitted (s 14).
Right for forms to be approved or prescribed electronically and to differ in layout from printed forms so long as they produce the same effect (ss 15-16).

Duties and obligations

Produce documents in a readable, comprehensible form: where a person keeps information electronically and is required to produce it, they must produce a document that reproduces the information “in a form capable of being understood” unless the court directs otherwise (s 17(2)).
Authenticate electronic documents in accordance with regulations or rules of court if a statute requires a signature, certificate, or seal (s 10(1)-(2)).
Where registers or records are maintained (for example Fines Act s 10B), designated officers must keep specified details and notify courts upon default (Fines Act s 10B(2)-(3)).
Where the Fines Act applies, offenders must either pay a fine when imposed or apply for a time-to-pay order within the statutorily prescribed period (s 32(1)-(2); s 33(2) fixes a 28-day limit to apply for a time to pay order).
Registrar duties and powers under the Fines Act include maintaining records, cancelling time to pay orders for breach, and taking enforcement action (s 36 et seq. as replaced).

Authorities and decision-makers

The Governor and authorities with rule-making power can make regulations and rules for Part 2 (s 20(1)-(3)). Section 133 (inserted into Evidence Act) mirrors this for the Evidence Act.
Courts retain discretion to order that a document or record be provided or handed in any particular way despite electronic capabilities (s 12(5)).
Registrars are explicitly empowered in the Fines Act to operate many enforcement, registration and cancellation functions formerly performed by court officers (see ss 81-86 and related amendments).

Limitations and preserved duties

Personal service obligations remain excluded from the electronic substitution where a provision expressly requires personal service (s 12(4)). That is, the Act does not automatically convert all personal‑service requirements to electronic service.
The Act is “in addition to” the Electronic Transactions Act 2011 and existing laws permitting electronic processes; it does not displace those regimes (s 19(1)-(2)).
Regulations and rules of court have the power to define timing and receipt (s 20(4)), meaning that statutory rights to send or lodge electronically will be shaped by subordinate instruments.

Evidentiary effects and protections

Authentication under rules/regulations produces the same evidentiary effect as signature, certificate or seal (s 10(3)-(4); s 18(3)(a)).
Authenticated copies of court documents and official records kept electronically are admissible without further proof (Evidence Act s 73BA).

Criminal liability and administrative finality

In criminal procedure, a person is guilty of an offence if they sign or authenticate certain prosecution or court documents knowing they are not authorised, or lodge such documents knowing they are unauthorised, carrying a penalty of up to 12 months imprisonment or $12,000 fine (replacement s 173; Pt 3 Div 8 s 53). This creates a strict duty to ensure authorisation for authentication.
Under the Fines Act, a Registrar’s decision concerning cancellation of time to pay orders is final (replacement ss 36-37). That changes internal review avenues for affected persons for these administrative steps.

Collectively, these duties and rights convert many procedural consequences of litigation and enforcement into processes where electronic compliance is a right or an obligation, and administrative actors (registrars, rulemakers) have expanded responsibilities.

The Act itself does not create many new criminal offences; it primarily authorises and structures electronic processes. The principal punitive and enforcement mechanisms appear as consequential amendments to other statutes included in Part 3.

Key penal provision created or amended in the instrument (source text):

Unauthorised documents offence in Criminal Procedure Act replacement s 173: A person must not sign or authenticate prosecution notices, indictments, summonses, court hearing notices or witness summonses knowing they are not authorised to do so; nor lodge such documents knowing the signature or authentication is unauthorised. Penalty: imprisonment for 12 months or a fine of $12,000 (see Pt 3 Div 8, s 53 replacement).
Fines Act enforcement changes: The Fines, Penalties and Infringement Notices Enforcement Act 1994 is substantially amended to centralise administrative and enforcement functions in the Registrar:
- Offender must pay or apply for time-to-pay when fine imposed (s 32).
- Registrar may cancel a time-to-pay order without notice if the offender contravenes the order or a request under s 35(1) (replacement s 36). If the Registrar cancels, they may take any enforcement action authorised under ss 42, 47A or 55D.
- The Registrar’s decision under this subdivision is final (replacement s 37). Finality reduces the scope for internal review against Registrar administrative determinations under these provisions.
- Automatic registration and notification obligations for young persons (s 10B; s 59A) permit enforcement steps to commence where amounts are registered as fines; the Act also prescribes time‑limits before Registrar action (s 32(2)(b) provides a 28‑day buffer in certain situations).
Procedural penalties for lodging unauthorised documents across courts: Criminal Procedure Act’s s 173 as modified makes dishonest or unauthorised authentication or lodging of core prosecution documents an offence, expanding the potential punitive reach into document authentication practices as electronic processes become normalised.

Enforcement agents and decision-makers:

Registrars and relevant court officials are given operational enforcement powers under the Fines Act amendments, including cancellation of time-to-pay orders, registration and initiation of enforcement activities (ss 32, 36-37 replacements; ss 81-86).
Courts retain powers to order or authorise particular methods of delivery/production in specific cases (s 12(5)).
The Governor and rules-of-court authorities determine the operational rules that govern receipt and authentication (s 20), which will in turn give effect to enforcement by delineating when an electronic document is taken to have been received and authenticated.

Practical enforcement consequences:

The 28-day rule for a time-to-pay application under the Fines Act narrows when offenders may seek relief, and the Registrar’s power to cancel without notice (s 36(1)) plus the finality of Registrar decisions (s 37) concentrates risk of enforcement procedures being triggered administratively rather than by judicial net review.
The Criminal Procedure Act offence linking authentication to authorisation introduces personal criminal liability for improper authentication; the statutory penalty is set out expressly (replacement s 173).

Evidence implications:

Authenticated electronic copies are admissible without further proof in proceedings under the Evidence Act amendment (s 73BA). That reduces the evidential friction for prosecutors and registrars relying on electronically kept official records but places premium importance on correct authentication per regulations and rules.

Limits and safeguards in the Act:

The Act preserves the ability of courts to order different methods of communication or production where it considers it necessary (s 12(5), s 17(2)).
The Act preserves the operation of State Records Act, FOI and relevant interpretation provisions (s 19(3)), which interact with enforcement and evidentiary practices.

Overall, enforcement under the new framework is more administrative and electronic: registrars act with expanded authority for enforcement, authenticated electronic records have enhanced admissibility, and unauthorised authentication can attract criminal sanction in criminal procedure contexts.

The Act is expressly designed to operate alongside existing electronic‑transactions and records law and to be applied to many specific statutes. The statutory text contains multiple cross-references and amendments that shape interaction.

Primary interaction points:

Electronic Transactions Act 2011. Section 19(1) declares this Part is “in addition to, and not in substitution for” the Electronic Transactions Act 2011. The Act therefore sits alongside the broader statutory regime that addresses electronic transactions in Western Australia. Where both statutes could apply, Part 2 operates in addition to the Electronic Transactions Act.
Specific Acts named in s 6 and Part 3 amendments. Section 6 lists many Acts to which Part 2 applies. Part 3 inserts explicit clauses into numerous Acts (for example Bail Act 1982 s 4AB, Evidence Act 1906 s 5A, Supreme Court Act 1935 s 6A and many more) declaring the Courts and Tribunals (Electronic Processes Facilitation) Act Part 2 applies to them. These amendments align procedural and evidentiary provisions across a broad set of criminal, civil and administrative statutes with the electronic processes framework.
Evidence Act amendments. The Evidence Act is amended extensively to accommodate electronic documents. Notably new s 73BA admits authenticated copies of documents or official records kept electronically without further proof (Pt 3 Div 11, ss 69-73BA). The Evidence Act also incorporates image‑based acceptance of signatures and seals (ss 61-66). Section 133 (inserted) confers regulation and rules-of-court powers for giving effect to Part 2 in relation to evidence.
State Records Act 2000 and Freedom of Information Act 1992. Section 19(3) stipulates nothing in Part 2 limits the FOI Act, the Interpretation Act s 76, or the State Records Act. That requires those maintaining electronic records to comply with statutory records management and FOI disclosure duties, creating a layering of obligations (i.e. keep records electronically per Part 2 where permitted, but manage them consistent with the State Records Act).
Criminal Procedure Act. The Criminal Procedure Act is amended to adopt the concept of authentication by reference to this Act (inserted definition, s 47) and creates a new criminal offence for unauthorised authentication or lodgement of prosecutorial documents (s 53 replacement). The Criminal Procedure Act also gains rule-making power for electronic lodging requirements (s 186 amendment).
Fines, Penalties and Infringement Notices Enforcement Act 1994. The Fines Act is substantially revised. The amendments centralise responsibilities with the Registrar (ss 32-37, 59A, 10B), introduce automatic registration of amounts payable in certain contexts (s 59A), provide for electronic service with consent (s 5A amendments), and require record-keeping for young persons (s 10B). These changes reallocate duties from court officers to registrars and make electronic processes the default where regulations allow.
Other statutes with tailored references. Numerous Acts receive specific drafting changes to replace “written”, “written under his hand”, “seal purports to be attached”, or similar phrases with wording compatible with images, authentication, or electronic forms (see many Pt 3 Divisions, e.g. Evidence Act ss 61-68; Prisoners (Interstate Transfer) Act ss 99-101). These changes prevent textual conflicts between older paper‑centred language and the new electronic approach.

Delegation and rule‑making interaction:

The Act delegates significant content to the Governor (regulations) and authorities (rules of court) to prescribe the technical standards for authentication, formats, receipt timing and service (s 20(1)-(4); Evidence Act s 133). The effect is that the practical operation of Part 2 depends heavily on subordinate instruments. The Criminal Procedure Act s 186(2)(d) and Evidence Act s 133 explicitly allow rules/regulations to prescribe lodging requirements and other electronic particulars.

Limits and preserved statutory specifics:

Where a provision requires personal service, the electronic substitution does not apply (s 12(4)). The Act preserves the capacity of a court or tribunal to require a document to be provided in a specific way (s 12(5)).
The Act does not remove or limit the operation of the Electronic Transactions Act 2011 or other laws that already authorise electronic processes (s 19(1)-(2)). It therefore interoperates with pre-existing statutory tools rather than supplanting them.

Practical cross‑statute consequences:

Evidence admissibility shifts in favour of authenticated electronic copies (Evidence Act s 73BA), affecting how parties prepare and tender documents in many Acts where Part 2 applies.
Administrative enforcement under the Fines Act is rendered more automatic and electronically driven (ss 32, 59A, 10B), affecting interactions with the Young Offenders Act 1994 (see Fines Act ss 59A and corresponding Young Offenders Act amendments).
The Criminal Procedure Act’s new offence (s 173 replacement) interacts with authentication provisions in s 10 of this Act, meaning authentication standards adopted in regulations will have criminal law implications if misused.

In short, the Act is an enabling, cross‑cutting procedural statute that sits with, amends and depends upon subordinate regulatory instruments and existing Acts (Electronic Transactions Act, State Records Act, Evidence Act, and numerous procedural Acts) to align the broader WA legal system with electronic operations.

The Act as compiled includes later amendments by other written laws; the compilation table in the instrument sets out the principal changes and commencement dates. The source lists specific amendments included in the compilation and records uncommenced provisions.

Chronology and notable amendments (as stated in compilation table and text):

Enactment and initial commencement. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 (No. 20 of 2013) received assent 4 November 2013. Part 1 commenced on assent (s 2(a)); the rest of the Act came into operation by proclamation on different dates (compilation entries record 25 November 2013 for much of the Act, with specific sections later proclaimed , see the compilation table).
Subsequent legislative amendments incorporated into the compilation:
- Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020 (No. 25 of 2020) amended provisions relating to the Fines Act and removed s 95 of the 2013 Act which had not commenced (compilation table: assent 19 June 2020; commencement 29 Sep 2020).
- High Risk Serious Offenders Act 2020 s 121 amendment (No. 29 of 2020), commencing 26 Aug 2020, inserted “electronic” application references into the list of Acts in s 6 (compilation).
- COVID-19 Response and Economic Recovery Omnibus Act 2020 s 55 (No. 34 of 2020) added Electronic Transactions application references and amendments, commenced 12 Sep 2020 (compilation).
- Industrial Relations Legislation Amendment Act 2021 Pt 3 (No. 30 of 2021) inserted additional Acts into the s 6 list, commenced 20 June 2022.
- Criminal Law (Mental Impairment) Act 2023 s 409 (No. 10 of 2023) added the Criminal Law (Mental Impairment) Act to the s 6 list and commenced 1 Sep 2024 per the compilation table.
Fines Act substantial rewrite. The compilation includes the Fines Act amendments (Pt 3 Div 12) which were later enacted and commenced in part under the 2020 amendments. These introduced the Registrar as primary administrator for time-to-pay orders, cancellation, automatic registration of certain orders and new obligations to keep records of young persons (see inserted ss 10B, 32 replacement, 33 amendment, 36-37 replacement, 59A).
Evidence Act amendments. The Evidence Act received substantive amendments to recognise images of signatures and seals and to admit authenticated electronic copies without further proof (see Pt 3 Div 11, ss 61-73BA). Section 133 was inserted to provide regulation and rules-of-court powers in relation to Part 2 as applied to the Evidence Act.
Uncommenced provisions. The compilation table lists a series of sections that at the time of compilation remained uncommenced (for this Act and other Acts amended under it). The instrument notes that certain provisions had not come into operation and required proclamation (see uncommenced provisions table listing s 37-39, 106, 108, 110-112, 114-117, 119, 121, 124, 127, 138 and 139 of this Act as uncommenced in the compilation table).
Deletions and repeals. The compilation notes that s 95 of the Act had not come into operation when it was deleted by later Fines Act amendments (Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020 s 107). The Act’s Part 3 amends many statutes by inserting standard clauses that Part 2 applies, replacing or deleting textual references to “written” requirements.

Practical effect of amendment history:

The Act has been used as a vehicle to modernise many statutes progressively and to centralise electronic practice rules through subordinate instruments. The Fines Act amendments in 2020 are especially significant operationally, and the Evidence Act amendments change admissibility concepts. Because many detailed provisions are left to regulations and rules of court, further amendments and commencement choices have operational impact beyond the principal Act.

Sources: compilation table and the Part 3 Division insertions in the instrument text record these amendments and commencement dates.

The source text supplied is a statutory compilation and does not list any judicial decisions or litigation citing this Act. It does not record cases or reported decisions. Therefore, based on the provided material:

No cases are named in the text; Part 3’s amendments and Evidence Act changes establish admissibility rules and obligations but the compilation contains no litigation history or judicial interpretation of those provisions.
The Act’s practical application will likely generate litigation and evidentiary questions,for example, disputes over whether authentication met regulatory standards; whether an electronic communication was “received” (s 20(4) leaves the rule to subordinate instruments); whether a produced electronic document reproduced the information “in a form capable of being understood” (s 17). These are predictable areas for future litigation, but no decisions are recorded in the provided source.
The compilation notes various provisions that remain uncommenced (uncommenced provisions table). Uncommenced provisions will, until proclaimed, not have given rise to litigation under their own terms.

For practitioners, researchers and compliance professionals: absence of reported litigation in the instrument does not mean the statutory constructs are free of interpretative dispute. The Act’s reliance on delegated legislation (regs and rules of court) and amendments to evidentiary law create potential points of challenge (e.g. admissibility, authentication, receipt timing) that, in practice, will be clarified through court decisions and rule-making. The supplied source does not furnish those decisions.

The statute contains a number of practical pitfalls and important exceptions that parties often overlook when moving to electronic processes. Each of these is anchored in the text and subordinate instruments it enables.

Regulations and rules of court determine the practical effect. The Act repeatedly conditions electronic conversion on “in accordance with any regulations or rules of court” (see ss 7-16, 10, 12). The Act gives discretion over authentication methods, formats, timing of receipt and related procedural details to subordinate instruments (s 20). Until those standards are promulgated and examined, parties risk non‑compliance by using ad hoc electronic processes. In short, the Act grants the right to go electronic but not the specification of how.
Personal service remains an exception. If a statute requires personal service, the electronic substitution does not apply. Section 12(4) explicitly excludes provisions that require documents to be personally served or personally given. Practitioners who assume all service is now electronic risk defective service where statute or court order requires personal service.
“Authentication” is the operative standard for signatures. The Act replaces paper-signature rules with a concept of authentication to be defined in the regs/rules (s 10). The Criminal Procedure Act defines “authenticate” by reference to this Act (Pt 3 Div 8 s 47), and the criminal‑procedure offence (replacement s 173) makes it an offence to authenticate without authorisation. But the Act does not itself set authentication technical standards. Incorrect or unauthorised authentication can therefore have administrative or criminal consequences.
Evidence admissibility depends on correct authentication and record-keeping. New Evidence Act s 73BA makes authenticated copies admissible without further proof, but such admissibility rests on the document being an “authenticated copy” as defined by regulation/rules. Poor record management, lack of a certified chain of custody, or inadequate authentication protocols risk challenges to admissibility.
Production obligation requires human‑readable reproduction. Section 17 requires a document reproducing information “in a form capable of being understood” unless a court directs otherwise. Producing a raw data export or an image that cannot be navigated or understood may not satisfy the obligation. Whoever keeps electronic records must be able to produce intelligible printouts, searchable extracts or an interface that enables understanding.
Registrar centrality in fines enforcement reduces immediate judicial recourse. The Fines Act amendments transfer decision‑making power to the Registrar for time-to-pay orders and cancellations, and declare the Registrar’s decision “final” (replacement ss 36-37). Affected persons need to note the altered administrative pathway and timing constraints (for example the 28-day cap on applying for a time to pay order , s 33(2)).
Time windows are short and determinative. The Fines Act requires an offender to either pay a fine or apply for a time-to-pay order; the Act places limits on when an application can be made (s 33(2)), and the Registrar may not take enforcement action in certain circumstances until 28 days have elapsed (s 32(2)(b)). Practitioners must be careful with dates of imposition and registration.
Some provisions did not commence at compilation. The compilation table lists many provisions that were uncommenced at the time of compilation. Practitioners must check current commencement status before assuming an amendment applies. The Act itself provides different commencement dates and allows for proclamation (s 2). The uncommenced provisions table in the compilation is the statutory source for that status.
Interaction with the State Records Act and FOI. The Act reminds that electronic records remain subject to State Records Act 2000 and the Freedom of Information Act 1992 (s 19(3)). Electronic record-keeping must be designed to meet archival and disclosure obligations, which can impose storage, metadata and access requirements not spelled out in Part 2.
Delegated rules may specify when an electronic communication is “received”. Section 20(4) gives regs/rules the power to determine receipt. Without clear default rules, parties could face disputes about the timing of service, which can determine limitation periods, response deadlines, or enforcement triggers.
Criminal liability for improper authentication extends beyond obvious actors. The unauthorised documents offence in the Criminal Procedure Act (replacement s 173) applies to any person who signs or authenticates certain core prosecutorial documents knowing they lack authority. This creates direct personal liability for non-prosecution actors (for example external providers or clerks) if authentication is misapplied.
Forms may differ in content and layout. Sections 15-16 allow electronic forms to have different layout and content from printed forms so long as they have the same effect. That flexibility can produce divergent user experiences, and if the electronic form omits critical content, disputes may arise about completeness or effect.
“Person” includes a court. The definition of person includes a court (s 5). Some procedural duties applicable to persons therefore may be read to include courts (for example obligations to give or lodge). This drafting choice can have technical consequences for interpreting duties and powers.

Each “gotcha” derives directly from the statutory text or from the Act’s deliberate reliance on subordinate instruments. The consistent practical lesson is to consult the relevant regulations and rules of court, to verify commencement, to test authentication and record-production protocols against s 17 and Evidence Act s 73BA, and to be cautious about assumptions that paper processes have been fully replaced.

Operational compliance requires attention at three layers: (1) statutory requirements in the Act and the amended statutes; (2) regulations and rules of court made under s 20 and relevant Act‑specific powers (for example Evidence Act s 133); and (3) records management and procedural practice to meet admissibility and enforcement expectations.

Practical compliance steps for legal practitioners, registrars, courts and agencies:

Inventory applicable rules and commencement status.
- Check whether Part 2 applies to the specific Act or provision you are operating under (s 6 and Part 3 insertions). Confirm whether the relevant provisions and any consequential amendments have commenced (compilation and uncommenced provisions table).
- Retrieve and review any regulations and rules of court made under s 20 or Act‑specific s 133 (Evidence Act) that define authentication, formats, receipt timing and service protocols. The Act repeatedly conditions electronic action “in accordance with any regulations or rules of court” (ss 7-16), so those instruments set the operative standards.
Adopt approved authentication methods.
- Implement the authentication measures prescribed in regulations or rules of court so that electronic signatures or images of seals and signatures will be treated as equivalent under s 10 and s 18.
- Establish internal authorisation protocols to ensure only authorised persons authenticate or sign documents electronically. The Criminal Procedure Act offence (replacement s 173) imposes personal criminal liability for unauthorised authentication.
Update filing and service procedures.
- Ensure electronic filing systems comply with rules of court concerning formats, metadata, timestamps and proof of lodgement. Where electronic service is permitted, obtain and record consent where required (see Bail Act amendments and Fines Act s 5A amendments that allow service by electronic means with consent).
- Maintain processes to ensure that required personal service is effected where a provision expressly requires it (s 12(4)), and do not assume electronic service suffices in those cases.
Record retention, production and evidentiary readiness.
- Design record-keeping systems to allow production of documents “in a form capable of being understood” (s 17(2)). That may require printable versions, searchable formats, or interfaces for court inspection.
- Keep audit logs, metadata, authentication records, and chain-of-custody data to support evidentiary admissibility under Evidence Act s 73BA and to demonstrate compliance with the State Records Act (s 19(3)(c)).
- For documents to be “authenticated copies” under Evidence Act s 73BA, follow the exact authentication steps prescribed by regulations/rules so the copy is admissible “without further proof” (s 73BA(3)).
Adapt templates and forms.
- Where forms are approved or prescribed, ensure both paper and electronic forms are functionally equivalent as to legal effect, even if layout differs (ss 15-16). Test electronic forms for completeness and clarity to prevent argument that the electronic version omitted required content.
Education and authorisation mapping.
- Train staff in authentication, record production and electronic service rules. Map who is authorised to authenticate, lodge, or send notices. Document processes for issuing consent to electronic service and for updating addresses for service (s 14).
- For prosecution and law-enforcement users, adopt strict sign-off and audit procedures given the criminal‑procedure offence for unauthorised document authentication (s 173 replacement).
Fines Act specific steps.
- For courts and registrars: implement the Fines Act record-keeping obligations for young persons (s 10B) and the automatic registration rules (s 59A); configure systems to treat imposed fines as registered and to apply the 28-day periods and exceptions in s 32.
- For offenders and defence advisers: be aware of deadlines , an offender must either pay the fine or apply for a time‑to‑pay order and the time to apply is capped (s 33(2)); check whether the Registrar has statutory authority to cancel a time-to-pay order without notice (replacement s 36).
Interface with FOI and records laws.
- Align electronic records management with State Records Act retention schedules and FOI access/ disclosure obligations (s 19(3)). Ensure secure long‑term storage of authenticated copies and that metadata needed for FOI handling is captured.
Implement robust production and discovery protocols.
- When a party holds electronic records, create discovery protocols to ensure documents can be produced in an intelligible format (s 17) and coordinate with opposing parties and the court to pre‑agree formats and authentication where feasible.
Monitor delegated rule-making and judicial decisions.

Subscribe to updates for regulations and rules of court and monitor case law that will interpret authentication standards, admissibility of authenticated copies, and disputes over receipt timing (s 20(4)). The Act’s practical meaning will be shaped by subordinate instruments and judicial decisions.

Who decides operationally:

Regulations (Governor) and rules of court decide authentication, format and timing rules (s 20).
Courts can order particular modes of delivery or production notwithstanding the general electronic permissions (s 12(5), s 17(2)).
Registrars exercise significant operational discretion, particularly under the Fines Act amendments for enforcement and cancellation (ss 32, 36-37 replacement).

Costs and implementation considerations:

IT procurement and ongoing system maintenance costs to implement authentication, logging, secure storage and production capabilities.
Training and process redesign costs for court staff, legal practitioners and agencies.
Potential transitional litigation costs while rules and judicial interpretations take shape.

In essence, compliance is less about whether one may proceed electronically , Part 2 gives that right , and more about how one proceeds: follow the rules and regulations that implement Part 2, ensure authentication protocols are observed, produce documents in intelligible forms, meet Registrar and court deadlines, and integrate electronic records management with State Records Act and FOI obligations.

Deep Dive

What it does

Current sections