QLDIn ForceAct
Electronic Transactions (Queensland) Act 2001
sec.20Keeping written documents
Start here
Get a plain-English read of sec.20
Turn the raw legal text into a practical explanation grounded in Electronic Transactions (Queensland) Act 2001.
### sec.20 Keeping written documents
If, under a State law, a person is required to keep, for a particular period, a document that is in the form of paper, an article or other material, the requirement is taken to have been met if the person keeps, or causes another person to keep, an electronic form of the document for the period in the circumstances stated in subsection (2) .
The circumstances are that—
having regard to all the relevant circumstances when the electronic form of the document was generated, the method of generating the electronic form of the document provided a reliable way of maintaining the integrity of the information contained in the document; and
when the electronic form of the document was generated, it was reasonable to expect the information contained in the electronic form of the document would be readily accessible so as to be useable for subsequent reference; and
if a regulation requires the electronic form of the document to be kept on a particular kind of data storage device, the requirement has been met for the period.
For subsection (2) (a) , the integrity of information contained in a document is maintained only if the information has remained complete and unaltered, apart from—
the addition of any endorsement; or
any immaterial change;
arising in the normal course of communication, storage or display.
(sec.20-ssec.1) If, under a State law, a person is required to keep, for a particular period, a document that is in the form of paper, an article or other material, the requirement is taken to have been met if the person keeps, or causes another person to keep, an electronic form of the document for the period in the circumstances stated in subsection (2) .
(sec.20-ssec.2) The circumstances are that— having regard to all the relevant circumstances when the electronic form of the document was generated, the method of generating the electronic form of the document provided a reliable way of maintaining the integrity of the information contained in the document; and when the electronic form of the document was generated, it was reasonable to expect the information contained in the electronic form of the document would be readily accessible so as to be useable for subsequent reference; and if a regulation requires the electronic form of the document to be kept on a particular kind of data storage device, the requirement has been met for the period.
(sec.20-ssec.3) For subsection (2) (a) , the integrity of information contained in a document is maintained only if the information has remained complete and unaltered, apart from— the addition of any endorsement; or any immaterial change; arising in the normal course of communication, storage or display.
- (a) having regard to all the relevant circumstances when the electronic form of the document was generated, the method of generating the electronic form of the document provided a reliable way of maintaining the integrity of the information contained in the document; and
- (b) when the electronic form of the document was generated, it was reasonable to expect 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 a regulation requires the electronic form of the document to be kept on a particular kind of data storage device, the requirement has been met for the period.
- (a) the addition of any endorsement; or
- (b) any immaterial change;