Part 1
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Commonwealth legislation
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Direct links to the current provisions in Electronic Transactions Regulations 2000.
These Regulations are the Electronic Transactions Regulations 2000.
In these Regulations:
Act means the Electronic Transactions Act 1999.
For subsection 7A(2) of the Act, a provision of the Act specified in column 3 of an item of Schedule 1 does not apply to the Commonwealth law specified in column 2 of the item.
This Part applies to electronic communications under the National Consumer Credit Protection Act 2009.
In this Part:
debtor has the same meaning as in subsection 204(1) of Schedule 1 to the National Consumer Credit Protection Act 2009.
guarantor has the same meaning as in subsection 204(1) of Schedule 1 to the National Consumer Credit Protection Act 2009.
mortgage has the same meaning as in subsection 5(1) of the National Consumer Credit Protection Act 2009.
mortgagor has the same meaning as in subsection 5(1) of the National Consumer Credit Protection Act 2009.
(1) A debtor, mortgagor or guarantor may consent to the giving of documents by electronic communication only after being told that, if written consent is given: (a) paper documents may no longer be given; and (b) electronic communications must be regularly checked for documents; and (c) consent to the giving of documents by electronic communication may be withdrawn at any time. (2) A credit provider may, with the written consent of the debtor, mortgagor or guarantor, serve a notice or other document on the debtor, mortgagor or guarantor by: (a) making the notice or other document available for a reasonable period on the credit provider’s information system for retrieval by electronic communication by the debtor, mortgagor or guarantor; and (b) promptly notifying the debtor, mortgagor or guarantor by electronic communication that the notice or other document is available for retrieval on that information system and the nature of the notice or other document; and (c) providing the debtor, mortgagor or guarantor with the ability to retrieve the notice or other document by electronic communication. (3) A person, other than a debtor, mortgagor or guarantor, may consent to the giving of documents by electronic communication only after being told that, if written consent is given: (a) paper documents may no longer be given; and (b) electronic communications must be regularly checked for documents; and (c) consent to the giving of documents by electronic communication may be withdrawn at any time. (4) If a notice or other document is given by sending it to a nominated electronic address or in a manner described in this regulation: (a) it must be in a format that allows it to be saved to an electronic file and to be printed; and (b) at the time it was sent or was made available on the credit provider’s information system, it would have been reasonable to expect that the intended recipient would be able to save it to an electronic file and print it. (5) A nomination or consent ceases to have effect when it is cancelled or withdrawn by the person who gave it.
A notice or other document that is sent by fax is taken to be given on the later of the following dates: (a) the date on the notice or other document; (b) the date indicated in a report by the transmitting fax machine that the notice or other document was transmitted to the addressee.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the Electronic Transactions Regulations 2000.
In these Regulations:
Act means the Electronic Transactions Act 1999.
For subsection 7A(2) of the Act, a provision of the Act specified in column 3 of an item of Schedule 1 does not apply to the Commonwealth law specified in column 2 of the item.
This Part applies to electronic communications under the National Consumer Credit Protection Act 2009.
In this Part:
debtor has the same meaning as in subsection 204(1) of Schedule 1 to the National Consumer Credit Protection Act 2009.
guarantor has the same meaning as in subsection 204(1) of Schedule 1 to the National Consumer Credit Protection Act 2009.
mortgage has the same meaning as in subsection 5(1) of the National Consumer Credit Protection Act 2009.
mortgagor has the same meaning as in subsection 5(1) of the National Consumer Credit Protection Act 2009.
(1) A debtor, mortgagor or guarantor may consent to the giving of documents by electronic communication only after being told that, if written consent is given: (a) paper documents may no longer be given; and (b) electronic communications must be regularly checked for documents; and (c) consent to the giving of documents by electronic communication may be withdrawn at any time. (2) A credit provider may, with the written consent of the debtor, mortgagor or guarantor, serve a notice or other document on the debtor, mortgagor or guarantor by: (a) making the notice or other document available for a reasonable period on the credit provider’s information system for retrieval by electronic communication by the debtor, mortgagor or guarantor; and (b) promptly notifying the debtor, mortgagor or guarantor by electronic communication that the notice or other document is available for retrieval on that information system and the nature of the notice or other document; and (c) providing the debtor, mortgagor or guarantor with the ability to retrieve the notice or other document by electronic communication. (3) A person, other than a debtor, mortgagor or guarantor, may consent to the giving of documents by electronic communication only after being told that, if written consent is given: (a) paper documents may no longer be given; and (b) electronic communications must be regularly checked for documents; and (c) consent to the giving of documents by electronic communication may be withdrawn at any time. (4) If a notice or other document is given by sending it to a nominated electronic address or in a manner described in this regulation: (a) it must be in a format that allows it to be saved to an electronic file and to be printed; and (b) at the time it was sent or was made available on the credit provider’s information system, it would have been reasonable to expect that the intended recipient would be able to save it to an electronic file and print it. (5) A nomination or consent ceases to have effect when it is cancelled or withdrawn by the person who gave it.
A notice or other document that is sent by fax is taken to be given on the later of the following dates: (a) the date on the notice or other document; (b) the date indicated in a report by the transmitting fax machine that the notice or other document was transmitted to the addressee.