Electronic Communications Act 2000

South Australia Electronic Communications Act 2000 An Act to facilitate electronic communications; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Object 4 Simplified outline 5 Interpretation 6 Crown to be bound 6A Exemptions Part 2—Application of legal requirements to electronic communications Division 1—General rule about validity of electronic communications for the purposes of laws of this jurisdiction 7 Validity of electronic transactions and government documents Division 2—Requirements under laws of this jurisdiction 8 Writing 9 Signatures 10 Production of document 11 Retention of information and documents Division 3—Other provisions relating to laws of this jurisdiction 13 Time of transmission 13A Time of receipt 13B Place of transmission and receipt 14 Attribution of electronic communications Part 2A—Additional provisions applying to contracts involving electronic communications 14A Application and operation of Part 14B Invitation to treat regarding contracts 14C Use of automated message systems for contract formation—non‑intervention of natural person 14D Error in electronic communications regarding contracts 14E Application of Act in relation to contracts Part 3—Issue of government documents by approved information system 15 Application of Part 16 Minister may approve means of issue 17 Approval for electronic issue of government document 18 Electronic issue authorised if approved and consent given 19 Usage rules must be complied with 20 Prescribed modifications 21 Evidentiary Part 4—Miscellaneous 22 Delegation 23 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Electronic Communications Act 2000. 3—Object The object of this Act is to provide a regulatory framework that— (a) recognises the importance of the information economy to the future economic and social prosperity of Australia; and (b) facilitates the use of electronic communications; and (c) promotes business and community confidence in the use of electronic communications; and (d) enables business and the community to use electronic communications in their dealings with government. 4—Simplified outline (1) The following is a simplified outline of this Act: (a) for the purposes of a law of this jurisdiction, a transaction is not invalid because it took place by means of one or more electronic communications; and (ab) for the purposes of the law of this jurisdiction, a government document is not invalid because it was issued by means of 1 or more electronic communications; and (b) the following requirements imposed under a law of this jurisdiction can generally be met in electronic form: (i) a requirement to give information in writing; (ii) a requirement to provide a signature; (iii) a requirement to produce a document; (iv) a requirement to record information; (v) a requirement to retain a document; and (c) for the purposes of a law of this jurisdiction, provision is made for determining the time and place of the transmission and receipt of an electronic communication; and (d) the purported originator of an electronic communication is bound by it for the purposes of a law of this jurisdiction only if the communication was sent by the purported originator or with the authority of the purported originator. (2) Part 2A contains provisions applying to contracts involving electronic communications, including provisions (relating to the internet in particular) for the following: (a) an unaddressed proposal to form a contract is to be regarded as an invitation to make offers, rather than as an offer that if accepted would result in a contract; (b) a contract formed automatically is not invalid, void or unenforceable because there was no human review or intervention; (c) a portion of an electronic communication containing an input error can be withdrawn in certain circumstances; (d) the application of certain provisions of Part 2 to the extent they do not apply of their own force. (3) Part 3 contains provisions applying to the issue of a government document by means of an approved information system and enables the issue of a government document by means of electronic communication in circumstances where an Act provides for the issue of the document only in the form of a physical document or item. 5—Interpretation (1) In this Act, unless the contrary intention appears— addressee of an electronic communication means a person who is intended by the originator to receive the electronic communication, but does not include a person acting as an intermediary with respect to the electronic communication; approved information system means an information system approved under section 16(1)(a); automated message system means a computer program or an electronic or other automated means used to initiate an action or respond to data messages in whole or in part, without review or intervention by a natural person each time an action is initiated or a response is generated by the system; consent includes consent that can reasonably be inferred from the conduct of the person concerned, but does not include consent given subject to conditions unless the conditions are complied with; data includes the whole or part of a computer program within the meaning of the Copyright Act 1968 of the Commonwealth; data storage device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device; electronic communication means— (a) a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or (b) a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system; government agency means— (a) a Minister of the Crown; or (b) a person who holds an office established by an Act; or (c) an administrative unit of the Public Service; or (d) South Australia Police; or (e) a council; or (f) an incorporated or unincorporated body— (i) established or continued in existence for a public purpose by an Act; or (ii) established or continued in existence for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, co‑operatives, societies or other voluntary organisations); or (iii) subject to control or direction by the Governor, a Minister of the Crown or other instrumentality or agency of the Crown or a council (whether or not the body is established or continued in existence by or under an Act); or (g) a person or body declared by the regulations to be a government agency; government document means a document issued by or on behalf of a government agency that does not itself constitute a transaction (whether or not the document is issued as a result of a transaction or in connection with 1 or more transactions); Examples— Government documents would include licences, permits and certificates. information means information in the form of data, text, images or sound; information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications; information technology requirements includes software requirements; law of this jurisdiction means any law in force in this jurisdiction, whether in the civil or criminal jurisdiction and whether written or unwritten, but does not include a law of the Commonwealth; non-profit body means a body that is not carried on for the purposes of profit or gain to its individual members and is, by the terms of the body's constitution, prohibited from making any distribution, whether in money, property or otherwise, to its members; originator of an electronic communication means a person by whom, or on whose behalf, the electronic communication has been sent or generated before storage, if any, but does not include a person acting as an intermediary with respect to the electronic communication; performance of a contract includes non‑performance of the contract; place of business means— (a) in relation to a person, other than an entity referred to in paragraph (b)—a place where the person maintains a non‑transitory establishment to pursue an economic activity other than the temporary provision of goods or services out of a specific location; or (b) in relation to a government, an authority of a government or a non‑profit body—a place where any operations or activities are carried out by that government, authority or body; responsible Minister means— (a) in relation to a government document issued under an Act—the Minister to whom the administration of that Act is committed; or (b) in relation to any other government document—the Minister responsible for the relevant government agency; this jurisdiction means South Australia; transaction includes— (a) any transaction in the nature of a contract, agreement or other arrangement; and (b) any statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract, agreement or other arrangement; and (c) any transaction of a non‑commercial nature; and (d) any application or request made, or notice or information provided, by a person seeking the issue of a government document or who has been issued a government document; usage rules means rules approved under section 16(1)(b). (2) Notes in the text of this Act do not form part of this Act. (3) Usage rules are not statutory instruments for the purposes of the law of the State and are not regulations for the purposes of the Subordinate Legislation Act 1978. 6—Crown to be bound This Act binds the Crown in right of South Australia and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities. 6A—Exemptions (1) The regulations may provide that all or specified provisions of this Act do not apply— (a) to transactions, requirements, permissions, electronic communications or other matters specified, or of classes specified, in the regulations for the purposes of this section; or (ab) to government documents specified, or of classes specified, in the regulations for the purposes of this section; or (b) in circumstances specified, or of classes specified, in the regulations for the purposes of this section. (2) The regulations may provide that all or specified provisions of this Act do not apply to specified laws of this jurisdiction. Part 2—Application of legal requirements to electronic communications Division 1—General rule about validity of electronic communications for the purposes of laws of this jurisdiction 7—Validity of electronic transactions and government documents (1) For the purposes of a law of this jurisdiction, a transaction is not invalid because it took place wholly or partly by means of one or more electronic communications. (2) For the purposes of a law of this jurisdiction, a government document is not invalid because it was issued wholly or partly by means of 1 or more electronic communications. (3) The general rules in this section do not apply in relation to the validity of a transaction or government document to the extent to which another, more specific, provision of this Act deals with the validity of the transaction or document. Division 2—Requirements under laws of this jurisdiction 8—Writing (1) If, under a law of this jurisdiction, a person is required to give information in writing, that requirement is taken to have been met if the person gives the information by means of an electronic communication, where— (a) at the time the information was given, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and (b) the person to whom the information is required to be given consents to the information being given by means of an electronic communication. (2) If, under a law of this jurisdiction, a person is permitted to give information in writing, the person may give the information by means of an electronic communication, where— (a) at the time the information was given, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and (b) the person to whom the information is permitted to be given consents to the information being given by means of an electronic communication. (2a) For the purposes of subsections (1)(b) and (2)(b), a person to whom prescribed legal proceedings relate will be taken to have consented to any information required or permitted to be given to the person in relation to those proceedings by means of an electronic communication. (2b) Subsection (2a) only applies if, before giving the information by means of an electronic communication, it has been ascertained that the person, or a legal practitioner representing that person, will be readily able to access or download, and (if required) print, the information. (3) For the purposes of subsections (1)(b) and (2)(b), a person who is required to be given a government document under any Act or law will be taken to have consented to the document being given by means of an electronic communication if the person has provided an email address to the relevant government agency for that purpose. (3a) This section does not affect the operation of usage rules applicable under Part 3 or of any other law of this jurisdiction that makes provision for or in relation to requiring or permitting information to be given, in accordance with particular information technology requirements— (a) on a particular kind of data storage device; or (b) by means of a particular kind of electronic communication, (and the usage rules or other law will be taken to apply to the exclusion of this section). (4) This section applies to a requirement or permission to give information, whether the expression give, send or serve, or any other expression, is used. (5) For the purposes of this section, giving information includes, but is not limited to, the following: (a) making an application; (b) making or lodging a claim; (c) giving, sending or serving a notification; (d) lodging a return; (e) making a request; (f) making a declaration; (g) lodging or issuing a certificate; (h) making, varying or cancelling an election; (i) lodging an objection; (j) giving a statement of reasons. 9—Signatures (1) If, under a law of this jurisdiction, the signature of a person is required, that requirement is taken to have been met in relation to an electronic communication if— (a) a method is used to identify the person and to indicate the person's intention in respect of the information communicated; and (b) the method used was either— (i) as reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement; or (ii) proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence; and (c) the person to whom the signature is required to be given consents to that requirement being met by way of the use of the method mentioned in paragraph (a). (1a) For the purposes of subsection (1)(c), a person to whom prescribed legal proceedings relate to whom a signature is required to be given will be taken to have consented to that requirement being met in relation to those proceedings by way of the use of the method mentioned in subsection (1)(a). (1b) Subsection (1a) only applies if, before communicating by means of an electronic communication information in respect of which the signature of a person is required, it has been ascertained that the person to whom the signature is required to be given, or a legal practitioner representing that person, will be readily able to access or download, and (if required) print, the information. (2) For the purposes of subsection (1)(c), a person who is required to be given a signed government document under any Act or law will be taken to have consented to the signature requirement being met by way of the use of the method mentioned in subsection (1)(a). (2a) This section does not affect the operation of usage rules applicable under Part 3 or of any other law of this jurisdiction that makes provision for or in relation to requiring— (a) an electronic communication to contain an electronic signature (however described); or (b) an electronic communication to contain a unique identification in an electronic form; or (c) a particular method to be used in relation to an electronic communication to identify the originator of the communication and to indicate the originator's intention in respect of the information communicated, (and the usage rules or other law will be taken to apply to the exclusion of this section). (3) The reference in subsection (1) to a law that requires a signature includes a reference to a law that provides consequences for the absence of a signature. 10—Production of document (1) If, under a law of this jurisdiction, a person is required to produce a document that is in the form of paper, an article or other material, that requirement is taken to have been met if the person produces, by means of an electronic communication, an electronic form of the document, where— (a) having regard to all the relevant circumstances at the time the communication was sent, the method of generating the electronic form of the document provided a reliable means of assuring the maintenance of the integrity of the information contained in the document; and (b) at the time the communication was sent, it was reasonable to expect that the information contained in the electronic form of the document would be readily accessible so as to be useable for subsequent reference; and (c) the person to whom the document is required to be produced consents to the production, by means of an electronic communication, of an electronic form of the document. (2) If, under a law of this jurisdiction, a person is permitted to produce a document that is in the form of paper, an article or other material, then, instead of producing the document in that form, the person may produce, by means of an electronic communication, an electronic form of the document, where— (a) having regard to all the relevant circumstances at the time the communication was sent, the method of generating the electronic form of the document provided a reliable means of assuring the maintenance of the integrity of the information contained in the document; and (b) at the time the communication was sent, it was reasonable to expect that the information contained in the electronic form of the document would be readily accessible so as to be useable for subsequent reference; and (c) the person to whom the document is permitted to be produced consents to the production, by means of an electronic communication, of an electronic form of the document. (2a) For the purposes of subsections (1)(c) and (2)(c), a person to whom prescribed legal proceedings relate will be taken to have consented to the production of a document required or permitted to be produced in relation to those proceedings by means of an electronic communication. (2b) Subsection (2a) only applies if, before producing a document by means of an electronic communication, it has been ascertained that the person, or a legal practitioner representing that person, will be readily able to access or download, and (if required) print, the document. (3) For the purposes of this section, the integrity of information contained in a document is maintained if, and only if, the information has remained complete and unaltered, apart from— (a) the addition of any endorsement; or (b) any immaterial change, which arises in the normal course of communication, storage or display. (4) For the purposes of subsections (1)(c) and (2)(c), a person to whom a government document is required to be produced for inspection will be taken to have consented to the document being produced by means of an electronic communication. (4a) This section does not affect the operation of usage rules applicable under Part 3 or of any other law of this jurisdiction that makes provision for or in relation to requiring or permitting electronic forms of documents to be produced, in accordance with particular information technology requirements— (a) on a particular kind of data storage device; or (b) by means of a particular kind of electronic communication, (and the usage rules or other law will be taken to apply to the exclusion of this section). 11—Retention of information and documents (1) If, under a law of this jurisdiction, a person is required to record information in writing, that requirement is taken to have been met if the person records the information in electronic form, where— (a) at the time of the recording of the information, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and (b) if the regulations require that the information be recorded on a particular kind of data storage device—that requirement has been met. (2) If, under a law of this jurisdiction, a person is required to retain, for a particular period, a document that is in the form of paper, an article or other material, that requirement is taken to have been met if the person retains, or causes another person to retain, an electronic form of the document throughout that period, where— (a) having regard to all the relevant circumstances at the time of the generation of the electronic form of the document, the method of generating the electronic form of the document provided a reliable means of assuring the maintenance of the integrity of the information contained in the document; and (b) at the time of the generation of the electronic form of the document, it was reasonable to expect that the information contained in the electronic form of the document would be readily accessible so as to be useable for subsequent reference; and (c) if the regulations require that the electronic form of the document be retained on a particular kind of data storage device—that requirement has been met throughout that period. (3) For the purposes of subsection (2), the integrity of information contained in a document is maintained if, and only if, the information has remained complete and unaltered, apart from— (a) the addition of any endorsement; or (b) any immaterial change, which arises in the normal course of communication, storage or display. (4) If, under a law of this jurisdiction, a person (the first person) is required to retain, for a particular period, information that was the subject of an electronic communication, that requirement is taken to have been met if the first person retains, or causes another person to retain, in electronic form, the information throughout that period, where— (a) at the time of commencement of the retention of the information, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and (b) having regard to all the relevant circumstances at the time of commencement of the retention of the information, the method of retaining the information in electronic form provided a reliable means of assuring the maintenance of the integrity of the information contained in the electronic communication; and (c) throughout that period, the first person also retains, or causes the other person to retain, in electronic form, such additional information obtained by the first person as is sufficient to enable the identification of the following: (i) the origin of the electronic communication; (ii) the destination of the electronic communication; (iii) the time when the electronic communication was sent; (iv) the time when the electronic communication was received; and (d) at the time of commencement of the retention of the additional information covered by paragraph (c), it was reasonable to expect that the additional information would be readily accessible so as to be useable for subsequent reference; and (e) if the regulations require that the information be retained on a particular kind of data storage device—that requirement has been met throughout that period. (5) For the purposes of subsection (4), the integrity of information that was the subject of an electronic communication is maintained if, and only if, the information has remained complete and unaltered, apart from— (a) the addition of any endorsement; or (b) any immaterial change, which arises in the normal course of communication, storage or display. Division 3—Other provisions relating to laws of this jurisdiction 13—Time of transmission (1) For the purposes of a law of this jurisdiction, unless otherwise agreed between the originator and the addressee of an electronic communication, the time of transmission of the electronic communication is— (a) the time when the electronic communication leaves an information system under the control of the originator or of the party who sent it on behalf of the originator; or (b) if the electronic communication has not left an information system under the control of the originator or of the party who sent it on behalf of the originator—the time when the electronic communication is received by the addressee. Note— Paragraph (b) would apply to a case where the parties exchange electronic communications through the same information system. (2) Subsection (1) applies even though the place where the information system supporting an electronic address is located may be different from the place where the electronic communication is taken to have been transmitted under section 13B. 13A—Time of receipt (1) For the purposes of a law of this jurisdiction, unless otherwise agreed between the originator and the addressee of an electronic communication— (a) the time of receipt of the electronic communication is the time when the electronic communication becomes capable of being retrieved by the addressee at an electronic address designated by the addressee; or (b) the time of receipt of the electronic communication at another electronic address of the addressee is the time when both— (i) the electronic communication has become capable of being retrieved by the addressee at that address; and (ii) the addressee has become aware that the electronic communication has been sent to that address. (2) For the purposes of subsection (1), unless otherwise agreed between the originator and the addressee of the electronic communication, it is to be assumed that the electronic communication is capable of being retrieved by the addressee when it reaches the addressee's electronic address. (3) Subsection (1) applies even though the place where the information system supporting an electronic address is located may be different from the place where the electronic communication is taken to have been received under section 13B. 13B—Place of transmission and receipt (1) For the purposes of a law of this jurisdiction, unless otherwise agreed between the originator and the addressee of an electronic communication— (a) the electronic communication is taken to have been transmitted at the place where the originator has its place of business; and (b) the electronic communication is taken to have been received at the place where the addressee has its place of business. (2) For the purposes of the application of subsection (1) to an electronic communication— (a) a party's place of business is assumed to be the location indicated by that party, unless another party demonstrates that the party making the indication does not have a place of business at that location; and (b) if a party has not indicated a place of business and has only 1 place of business, it is to be assumed that that place is the party's place of business; and (c) if a party has not indicated a place of business and has more than 1 place of business, the place of business is that which has the closest relationship to the underlying transaction, having regard to the circumstances known to or contemplated by the parties at any time before or at the conclusion of the transaction; and (d) if a party has not indicated a place of business and has more than 1 place of business, but paragraph (c) does not apply—it is to be assumed that the party's principal place of business is the party's only place of business; and (e) if a party is a natural person and does not have a place of business—it is to be assumed that the party's place of business is the place of the party's habitual residence. (3) A location is not a place of business merely because that is— (a) where equipment and technology supporting an information system used by a party are located; or (b) where the information system may be accessed by other parties. (4) The sole fact that a party makes use of a domain name or electronic mail address connected to a specific country does not create a presumption that its place of business is located in that country. 14—Attribution of electronic communications (1) For the purposes of a law of this jurisdiction, unless otherwise agreed between the purported originator and the addressee of an electronic communication, the purported originator of the electronic communication is bound by that communication only if the communication was sent by the purported originator or with the authority of the purported originator. (2) Subsection (1) does not affect the operation of a law of this jurisdiction that makes provision for— (a) conduct engaged in by a person within the scope of the person's actual or apparent authority to be attributed to another person; or (b) a person to be bound by conduct engaged in by another person within the scope of the other person's actual or apparent authority. Part 2A—Additional provisions applying to contracts involving electronic communications 14A—Application and operation of Part This Part applies to the use of electronic communications in connection with the formation or performance of a contract between parties where the proper law of the contract is (or would on its formation be) the law of this jurisdiction, and so applies— (a) whether some or all of the parties are located within Australia or elsewhere; and (b) whether the contract is for business purposes, for personal, family or household purposes, or for other purposes. 14B—Invitation to treat regarding contracts (1) A proposal to form a contract made through 1 or more electronic communications that— (a) is not addressed to 1 or more specific parties; and (b) is generally accessible to parties making use of information systems, is to be considered as an invitation to make offers, unless it clearly indicates the intention of the party making the proposal to be bound in case of acceptance. (2) Subsection (1) extends to proposals that make use of interactive applications for the placement of orders through information systems. 14C—Use of automated message systems for contract formation—non‑intervention of natural person A contract formed by— (a) the interaction of an automated message system and a natural person; or (b) the interaction of automated message systems, is not invalid, void or unenforceable on the sole ground that no natural person reviewed or intervened in each of the individual actions carried out by the automated message systems or the resulting contract. 14D—Error in electronic communications regarding contracts (1) This section applies in relation to a statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract. (2) If— (a) a natural person makes an input error in an electronic communication exchanged with the automated message system of another party; and (b) the automated message system does not provide the person with an opportunity to correct the error, the person, or the party on whose behalf the person was acting, has the right to withdraw the portion of the electronic communication in which the input error was made if— (c) the person, or the party on whose behalf the person was acting, notifies the other party of the error as soon as possible after having learned of the error and indicates that he or she made an error in the electronic communication; and (d) the person, or the party on whose behalf the person was acting, has not used or received any material benefit or value from the goods or services, if any, received from the other party. (3) The right of withdrawal of a portion of an electronic communication under this section is not of itself a right to rescind or otherwise terminate a contract. (4) The consequences (if any) of the exercise of the right of withdrawal of a portion of an electronic communication under this section are to be determined in accordance with any applicable rule of law. Note— In some circumstances the withdrawal of a portion of an electronic communication may invalidate the entire communication or render it ineffective for the purposes of contract formation (see paragraph 241 of the UNCITRAL explanatory note for the United Nations Convention on the Use of Electronic Communications in International Contracts). 14E—Application of Act in relation to contracts (1) Subject to subsection (2), the provisions of sections 7, 13, 13A and 13B apply to— (a) a transaction constituted by or relating to a contract; or (b) an electronic communication relating to the formation or performance of a contract, in the same way as they apply to a transaction or electronic communication referred to in that Part, and so apply as if the words "For the purposes of a law of this jurisdiction" and "under a law of this jurisdiction" were omitted. (2) However, this Part (including subsection (1)) does not apply to or in relation to a contract to the extent that— (a) Part 2 would of its own force have the same effect as this Part if this Part applied; or (b) a law of another State or Territory (that is in substantially the same terms as Part 2) would of its own force have the same effect as this Part if this Part applied. Note— This section applies provisions of Part 2 to contracts or proposed contracts to the extent (if any) that those provisions do not apply merely because they are expressed to apply in relation to "a law of this jurisdiction". This section also disapplies the provisions of Part 2A to the extent that Part 2 would apply of its own force. An example where Part 2 may not apply of its own force is where a contract is being negotiated in a State or Territory from a supplier located overseas. Part 3—Issue of government documents by approved information system 15—Application of Part (1) Subject to subsection (2), a government document may be issued by means of electronic communication in accordance with this Part or in any other manner that is not prohibited by law. (2) If an Act provides for the issue of a government document only in the form of a physical document or item, the document may only be issued by means of electronic communication in accordance with this Part. (3) For the purposes of subsection (2), an Act will be taken to provide for the issue of a government document only in the form of a physical document or item if (and only if)— (a) the Act expressly provides (by whatever form of words) that the government document may not be issued in electronic form; or (b) it is only possible to deal with the government document in the manner required by the Act if the document is in the form of a physical document or item. (4) Subject to subsection (5), this Part has effect despite the provisions of any other Act. (5) If an Act specifically provides for the application of this Part to government documents issued under the Act, this Part has effect subject to the provisions of that Act. 16—Minister may approve means of issue (1) The Minister may approve— (a) 1 or more information systems for the issue, by means of electronic communication, of government documents in accordance with this Part; and (b) rules relating to the use of an approved information system. (2) Nothing prevents an approved information system from being used for the purposes of other electronic communications of a class approved by the Minister. (3) If the Minister approves an information system under this section, the Minister must specify in the approval the kinds of modifications or updates to the information system that will require further approval of the Minister. (4) Except as provided in an approval in accordance with subsection (3), any modifications or updates to an approved information system will not require a further approval of the Minister (and the information system will be taken to continue to be an approved information system regardless of the modifications or updates). (5) The Minister may vary or revoke usage rules as the Minister thinks fit. 17—Approval for electronic issue of government document A responsible Minister in relation to a government document may approve the issue of such a document by means of an approved information system in accordance with this Part. 18—Electronic issue authorised if approved and consent given A government document may be issued by means of an approved information system if— (a) the responsible Minister in relation to the document has given approval under section 17 for the document being issued by such means; and (b) the person to whom the document is to be issued has requested or consented to the document being issued by such means. 19—Usage rules must be complied with A government document that is issued by means of an approved information system may be displayed, carried, produced, surrendered, updated and otherwise dealt with in accordance with the usage rules applying to that approved information system at the time the document is displayed, carried, produced, surrendered, updated and otherwise dealt with. 20—Prescribed modifications The regulations may provide, in relation to a government document issued under an Act, that the provisions of that Act apply with prescribed modifications in a case where the document is or is to be, issued by means of an approved information system in accordance with this Part. 21—Evidentiary (1) In any proceedings, a certificate apparently signed by a Minister and certifying as to any approval given by that Minister under this Part is conclusive proof of the matters so certified. (2) In any proceedings, a certificate apparently signed by the Minister to whom the administration of this Act is committed and certifying that on a specified date a specified person requested or consented to a specified kind of government document being issued by means of an approved information system is proof, in the absence of proof to the contrary, of the matter so certified. Part 4—Miscellaneous 22—Delegation (1) The Minister may delegate any of the Minister's functions or powers under this Act. (2) A delegation under this section— (a) must be in writing; and (b) may be conditional or unconditional; and (c) is revocable at will; and (d) may, subject to any conditions of the instrument of delegation, be further delegated; and (e) does not prevent the delegator from acting in any matter. 23—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Regulations under this Act may— (a) be of general application or limited application; (b) make different provision according to the matters or circumstances to which they are expressed to apply; (c) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or another specified person. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Formerly Electronic Transactions Act 2000 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 2000 72 Electronic Transactions Act 2000 7.12.2000 1.11.2002 (Gazette 29.8.2002 p3212) 2011 28 Electronic Transactions (Miscellaneous) Amendment Act 2011 21.7.2011 1.3.2012 (Gazette 23.2.2012 p839) 2017 7 Statutes Amendment and Repeal (Simplify) Act 2017 15.3.2017 Pt 8 (ss 37—48)—1.9.2017 immediately after the commencement of 9/2017 (Gazette 29.8.2017 p3795) 2017 9 Electronic Transactions (Legal Proceedings) Amendment Act 2017 11.4.2017 1.9.2017 (Gazette 29.8.2017 p3794) 2017 36 Summary Procedure (Service) Amendment Act 2017 22.8.2017 Sch 1 (cll 1—3)—4.3.2018 (Gazette 23.1.2018 p283) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended by 7/2017 s 37 1.9.2017 Pt 1

s 1 amended by 7/2017 s 38 1.9.2017 s 2 omitted under Legislation Revision and Publication Act 2002

s 3 amended by 7/2017 s 39 1.9.2017 s 4

s 4(1) s 4 redesignated as s 4(1) by 28/2011 s 4 1.3.2012

amended by 7/2017 s 40(1) 1.9.2017

amended by 36/2017 Sch 1 cl 1 4.3.2018 s 4(2) inserted by 28/2011 s 4 1.3.2012 s 4(3) inserted by 7/2017 s 40(2) 1.9.2017 s 5

s 5(1)

addressee inserted by 28/2011 s 5(1) 1.3.2012 approved information system inserted by 7/2017 s 41(1) 1.9.2017 automated message system inserted by 28/2011 s 5(1) 1.3.2012 government agency inserted by 7/2017 s 41(2) 1.9.2017 government document inserted by 7/2017 s 41(2) 1.9.2017 law of the jurisdiction amended by 9/2017 s 4 1.9.2017 originator inserted by 28/2011 s 5(2) 1.3.2012 performance inserted by 28/2011 s 5(2) 1.3.2012 place of business substituted by 28/2011 s 5(2) 1.3.2012 responsible Minister inserted by 7/2017 s 41(3) 1.9.2017 transaction substituted by 28/2011 s 5(3) 1.3.2012

amended by 7/2017 s 41(4) 1.9.2017 usage rules inserted by 7/2017 s 41(5) 1.9.2017 s 5(3) inserted by 7/2017 s 41(6) 1.9.2017 s 6A inserted by 28/2011 s 6 1.3.2012 s 6A(1) amended by 7/2017 s 42 1.9.2017 Pt 2

Pt 2 Div 1

heading amended by 7/2017 s 43 1.9.2017 s 7

s 7(2) substituted by 7/2017 s 44 1.9.2017 s 7(3) deleted by 28/2011 s 7 1.3.2012

inserted by 7/2017 s 44 1.9.2017 s 7(4) deleted by 28/2011 s 7 1.3.2012 Pt 2 Div 2

s 8

s 8(2a) and (2b) inserted by 9/2017 s 5 1.9.2017 s 8(3) substituted by 7/2017 s 45 1.9.2017 s 8(3a) inserted by 7/2017 s 45 1.9.2017 s 9

s 9(1) amended by 28/2011 s 8(1), (2) 1.3.2012 s 9(1a) and (1b) inserted by 9/2017 s 6 1.9.2017 s 9(2) amended by 28/2011 s 8(3) 1.3.2012

substituted by 7/2017 s 46 1.9.2017 s 9(2a) inserted by 7/2017 s 46 1.9.2017 s 9(3) inserted by 28/2011 s 8(4) 1.3.2012 s 10

s 10(2a) and (2b) inserted by 9/2017 s 7 1.9.2017 s 10(4) substituted by 7/2017 s 47 1.9.2017 s 10(4a) inserted by 7/2017 s 47 1.9.2017 s 12 deleted by 28/2011 s 9 1.3.2012 Pt 2 Div 3

s 13 substituted by 28/2011 s 10 1.3.2012 s 13(1) amended by 36/2017 Sch 1 cl 2(1) 4.3.2018 s 13(2) amended by 36/2017 Sch 1 cl 2(2) 4.3.2018 s 13A inserted by 28/2011 s 10 1.3.2012 s 13B inserted by 28/2011 s 10 1.3.2012 s 13B(1) amended by 36/2017 Sch 1 cl 3 4.3.2018 s 14

s 14(3) and (4) deleted by 28/2011 s 11 1.3.2012 Pt 2A inserted by 28/2011 s 12 1.3.2012 Pt 3 substituted by 7/2017 s 48 1.9.2017 Pt 4 inserted by 7/2017 s 48 1.9.2017 Historical versions 1.3.2012

1.9.2017