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Name of regulation
1 Name of regulation
1 Name of regulation
This regulation is the Electronic Transactions Regulation 2026.
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New South Wales regulation
What this document is: The uploaded page is the NSW Electronic Transactions Regulation 2026 entry showing the instrument’s administrative status: it records the in‑force version as “Current from 21/08/2026” and that “Some, but not all, of the provisions displayed in this version of the legislation have commenced.”
It also records that “Does not include amendments by Sch 1 to this regulation (not commenced — to commence on 5.11.2026)”, that the instrument is “currently due to be automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2031”, and that the version is “certified … under section 45C of the Interpretation Act 1987”. This is general legal information, not legal advice; check with a qualified Australian lawyer before acting.
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Direct links to the current provisions in Electronic Transactions Regulation 2026.
1 Name of regulation
This regulation is the Electronic Transactions Regulation 2026.
2 Commencement
This regulation commences as follows—
(a) for Schedule 1—on 5 November 2026,
(b) otherwise—on the day on which this regulation is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Electronic Transactions Regulation 2017, which would otherwise be repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
judicial body means a court or tribunal, and includes a body or person exercising judicial or quasi-judicial functions.
the Act means the Electronic Transactions Act 2000.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Certain laws excluded from the Act, section 7(1)—the Act, s 6A(2)
The Act, section 7(1) does not apply to the following laws of this jurisdiction—
(a) the Electoral Act 2017 and a regulation under that Act,
(b) the Electoral Funding Act 2018 and a regulation under that Act,
(c) the Government Information (Public Access) Act 2009 and a regulation under that Act,
(d) the Local Government Act 1993, Chapter 10 and a regulation under that Act about the matters dealt with in Chapter 10,
(e) the Poisons and Therapeutic Goods Act 1966 and a regulation under that Act,
(f) another Act or regulation that makes provision for the conduct of polls or elections by the Electoral Commissioner, to the extent only to which it makes provision.
5 Certain requirements excluded from the Act, Part 2, Division 2—the Act, s 6A(1)(a)
The Act, Part 2, Division 2 does not apply to the following requirements and classes of requirements under a law of this jurisdiction—
(a) a requirement for a person to lodge or file a document with a judicial body in connection with legal proceedings,
(b) a requirement for a person to sign a document to be lodged or filed with a judicial body in connection with legal proceedings,
(c) a requirement for a person to produce a document—
(i) to a judicial body in connection with legal proceedings, or
(ii) to a party to legal proceedings in connection with the legal proceedings,
(d) a requirement for a person to keep a document—
(i) that has been lodged or filed with, or produced to, a judicial body in connection with legal proceedings, or
(ii) that has been admitted in evidence in legal proceedings held before a judicial body, or
(iii) that has been issued by a judicial body in connection with legal proceedings,
(e) a requirement for a document to be served personally or by post,
(f) a requirement for a document to be verified, authenticated, attested or witnessed under the signature of a person other than the author of the document.
6 Certain permissions excluded from the Act, Part 2, Division 2—the Act, s 6A(1)(a)
The Act, Part 2, Division 2 does not apply to the following permissions and classes of permissions under a law of this jurisdiction—
(a) a permission for a person to lodge or file a document with a judicial body in connection with legal proceedings,
(b) a permission for a person to sign a document to be lodged or filed with a judicial body in connection with legal proceedings,
(c) a permission for a person to produce a document—
(i) to a judicial body in connection with legal proceedings, or
(ii) to a party to legal proceedings in connection with the legal proceedings,
(d) a permission for a person to keep a document—
(i) that has been lodged or filed with, or produced to, a judicial body in connection with legal proceedings, or
(ii) that has been admitted in evidence in legal proceedings held before a judicial body, or
(iii) that has been issued by a judicial body in connection with legal proceedings,
(e) a permission for a document to be served personally or by post,
(f) a permission for a document to be verified, authenticated, attested or witnessed under the signature of a person other than the author of the document.
7 Certain laws excluded from the Act, Part 2, Division 2—the Act, s 6A(2)
The Act, Part 2, Division 2 does not apply to the following laws of this jurisdiction—
(a) the Electoral Act 2017 and a regulation under that Act,
(b) the Electoral Funding Act 2018 and a regulation under that Act,
(c) the Government Information (Public Access) Act 2009 and a regulation under that Act,
(d) the Local Government Act 1993, Chapter 10 and a regulation under that Act about the matters dealt with in Chapter 10,
(e) the Poisons and Therapeutic Goods Act 1966 and a regulation under that Act,
(f) another Act or regulation that makes provision for the conduct of polls or elections by the Electoral Commissioner, to the extent only to which it makes provision.
8 Use of electronic case management systems by courts—the Act, Sch 1, cl 1(1), definition of “court”
The following bodies are declared to be courts—
(a) the Civil and Administrative Tribunal,
(b) the Dust Diseases Tribunal,
(c) the Industrial Relations Commission,
(d) the Personal Injury Commission of New South Wales established by the Personal Injury Commission Act 2020.
9 Repeal and savings
(1) The Electronic Transactions Regulation 2017 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Electronic Transactions Regulation 2017, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Amendment of Electronic Transactions Regulation 2026
Sections 4(e) and 7(e)
Omit the paragraphs.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of regulation
This regulation is the Electronic Transactions Regulation 2026.
2 Commencement
This regulation commences as follows—
(a) for Schedule 1—on 5 November 2026,
(b) otherwise—on the day on which this regulation is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Electronic Transactions Regulation 2017, which would otherwise be repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
judicial body means a court or tribunal, and includes a body or person exercising judicial or quasi-judicial functions.
the Act means the Electronic Transactions Act 2000.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Certain laws excluded from the Act, section 7(1)—the Act, s 6A(2)
The Act, section 7(1) does not apply to the following laws of this jurisdiction—
(a) the Electoral Act 2017 and a regulation under that Act,
(b) the Electoral Funding Act 2018 and a regulation under that Act,
(c) the Government Information (Public Access) Act 2009 and a regulation under that Act,
(d) the Local Government Act 1993, Chapter 10 and a regulation under that Act about the matters dealt with in Chapter 10,
(e) the Poisons and Therapeutic Goods Act 1966 and a regulation under that Act,
(f) another Act or regulation that makes provision for the conduct of polls or elections by the Electoral Commissioner, to the extent only to which it makes provision.
5 Certain requirements excluded from the Act, Part 2, Division 2—the Act, s 6A(1)(a)
The Act, Part 2, Division 2 does not apply to the following requirements and classes of requirements under a law of this jurisdiction—
(a) a requirement for a person to lodge or file a document with a judicial body in connection with legal proceedings,
(b) a requirement for a person to sign a document to be lodged or filed with a judicial body in connection with legal proceedings,
(c) a requirement for a person to produce a document—
(i) to a judicial body in connection with legal proceedings, or
(ii) to a party to legal proceedings in connection with the legal proceedings,
(d) a requirement for a person to keep a document—
(i) that has been lodged or filed with, or produced to, a judicial body in connection with legal proceedings, or
(ii) that has been admitted in evidence in legal proceedings held before a judicial body, or
(iii) that has been issued by a judicial body in connection with legal proceedings,
(e) a requirement for a document to be served personally or by post,
(f) a requirement for a document to be verified, authenticated, attested or witnessed under the signature of a person other than the author of the document.
6 Certain permissions excluded from the Act, Part 2, Division 2—the Act, s 6A(1)(a)
The Act, Part 2, Division 2 does not apply to the following permissions and classes of permissions under a law of this jurisdiction—
(a) a permission for a person to lodge or file a document with a judicial body in connection with legal proceedings,
(b) a permission for a person to sign a document to be lodged or filed with a judicial body in connection with legal proceedings,
(c) a permission for a person to produce a document—
(i) to a judicial body in connection with legal proceedings, or
(ii) to a party to legal proceedings in connection with the legal proceedings,
(d) a permission for a person to keep a document—
(i) that has been lodged or filed with, or produced to, a judicial body in connection with legal proceedings, or
(ii) that has been admitted in evidence in legal proceedings held before a judicial body, or
(iii) that has been issued by a judicial body in connection with legal proceedings,
(e) a permission for a document to be served personally or by post,
(f) a permission for a document to be verified, authenticated, attested or witnessed under the signature of a person other than the author of the document.
7 Certain laws excluded from the Act, Part 2, Division 2—the Act, s 6A(2)
The Act, Part 2, Division 2 does not apply to the following laws of this jurisdiction—
(a) the Electoral Act 2017 and a regulation under that Act,
(b) the Electoral Funding Act 2018 and a regulation under that Act,
(c) the Government Information (Public Access) Act 2009 and a regulation under that Act,
(d) the Local Government Act 1993, Chapter 10 and a regulation under that Act about the matters dealt with in Chapter 10,
(e) the Poisons and Therapeutic Goods Act 1966 and a regulation under that Act,
(f) another Act or regulation that makes provision for the conduct of polls or elections by the Electoral Commissioner, to the extent only to which it makes provision.
8 Use of electronic case management systems by courts—the Act, Sch 1, cl 1(1), definition of “court”
The following bodies are declared to be courts—
(a) the Civil and Administrative Tribunal,
(b) the Dust Diseases Tribunal,
(c) the Industrial Relations Commission,
(d) the Personal Injury Commission of New South Wales established by the Personal Injury Commission Act 2020.
9 Repeal and savings
(1) The Electronic Transactions Regulation 2017 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Electronic Transactions Regulation 2017, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Amendment of Electronic Transactions Regulation 2026
Sections 4(e) and 7(e)
Omit the paragraphs.