Northern Territory regulation

ELECTRONIC TRANSACTIONS (NORTHERN TERRITORY) REGULATIONS 2001

In ForceNT

Jurisdiction

Northern Territory

Collection

regulation

Plain English Summary

3/10 complexity

These Regulations carve out specific exceptions to the Electronic Transactions (Northern Territory) Act so that certain formal transactions must still follow non-electronic rules. They exclude wills, powers of attorney, personal service requirements and matters governed by rules of court from the Act’s electronic-document and signature provisions. This affects people preparing wills or powers of attorney, courts and litigants by keeping existing paper-signature and service requirements in place.

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Current sections

Direct links to the current provisions in ELECTRONIC TRANSACTIONS (NORTHERN TERRITORY) REGULATIONS 2001.

ELECTRONIC TRANSACTIONS (NORTHERN TERRITORY) REGULATIONS 2001

NORTHERN TERRITORY OF AUSTRALIA ELECTRONIC TRANSACTIONS (NORTHERN TERRITORY) REGULATIONS 2001 As in force at 10 March 2020 Table of provisions 1A Citation ............................................................................................ 1 1 Commencement .............................................................................. 1 2 Exemptions in relation to wills.......................................................... 1 3 Exemptions in relation to powers of attorney ................................... 1 4 Exemptions in relation to personal service ...................................... 2 5 Exemptions in relation to rules of court ............................................ 2 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 10 March 2020

ELECTRONIC TRANSACTIONS (NORTHERN TERRITORY) REGULATIONS 2001 Regulations under the Electronic Transactions (Northern Territory) Act 2000 1A Citation These Regulations may be cited as the Electronic Transactions (Northern Territory) Regulations 2001. 1 Commencement These Regulations come into operation on the commencement of the Electronic Transactions (Northern Territory) Act 2000. 2 Exemptions in relation to wills (1) Section 7(1) of the Act does not apply to a transaction in the nature of: (a) a disposition of property by will; or (b) a revocation of a will. (2) Division 2 of Part 2 of the Act does not apply to a requirement or permission under a law of the Territory for a person to: (a) give, record or retain information in writing in respect of a will or the revocation of a will; (b) produce a document in the nature of a will or revocation of a will; or (c) sign a will or revocation of a will. (3) In this regulation, will has the same meaning as in the Wills Act 2000. 3 Exemptions in relation to powers of attorney (1) Section 7(1) of the Act does not apply to a transaction in the nature of the creation or revocation of a power of attorney.

Electronic Transactions (Northern Territory) Regulations 2001 2 (2) Division 2 of Part 2 of the Act does not apply to a requirement or permission under a law of the Territory for a person to: (a) give, record or retain information in writing in respect of the creation or revocation of a power of attorney; (b) produce an instrument creating or revoking a power of attorney; or (c) sign an instrument creating or revoking a power of attorney. 4 Exemptions in relation to personal service (1) Division 2 of Part 2 of the Act does not apply to a requirement under a law of the Territory for a person to give information, within the meaning of section 8 of the Act, only by personal service of the information. (2) Division 2 of Part 2 of the Act does not apply in relation to a document that is required to be served personally. 5 Exemptions in relation to rules of court (1) Section 8(1)(b) and (2)(b) of the Act do not apply to any requirement or permission to give information in accordance with rules of court. (2) Section 9(1)(c) of the Act does not apply to any requirement to give a signature in accordance with rules of court. (3) Sections 13 and 13A of the Act do not apply in relation to ordinary service in accordance with rules of court. (4) In this regulation: rules of court includes the rules of: (a) the Supreme Court, Local Court, NTCAT; and (b) the Work Health Court continued under the Work Health Administration Act 2011.

ENDNOTES Electronic Transactions (Northern Territory) Regulations 2001 3 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Electronic Transactions (Northern Territory) Regulations (SL No. 31, 2001) Notified 13 June 2001 Commenced 13 June 2001 (r 2, s 2 Electronic Transactions (Northern Territory) Act 2000 (Act No. 71, 2000) and Gaz G23, 13 June 2001, p 2) Statute Law Revision Act (No. 2) 2001 (Act No. 62, 2001) Assent date 11 December 2001 Commenced 11 December 2001 (s 2(1) and (4), s 2 Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001), s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001) Courts Legislation Amendment Act 2020 (Act No. 1, 2020) Assent date 9 March 2020 Commenced 10 March 2020 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1A, 1 and 2. 4 LIST OF AMENDMENTS r 1A ins Act No. 62, 2001, s 16 r 5 ins Act No. 1, 2020, s 8

Source text

Sourced from NT Legislation (legislation.nt.gov.au), CC BY 4.0.

1 ELECTRONIC TRANSACTIONS (NORTHERN TERRITORY) REGULATIONS 2001

NORTHERN TERRITORY OF AUSTRALIA

As in force at 10 March 2020