Western Australia regulation

Electronic Transactions Regulations 2012

In ForceWA

Jurisdiction

Western Australia

Collection

regulation

Plain English Summary

2/10 complexity

These regulations limit when the Electronic Transactions Act 2011 can be used instead of paper: they exempt wills and other testamentary instruments, instruments creating or revoking enduring powers of attorney or appointing an attorney, any document that must be verified/authenticated/witnessed by someone other than its author, and transactions or deliveries that must be effected by personal service (regs 3–4). The 2003 regulations are repealed (r.5). This matters to individuals, lawyers and agencies that rely on in‑person signing, witnessing or personal service.

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Current sections

Direct links to the current provisions in Electronic Transactions Regulations 2012.

Electronic Transactions Regulations 2012

CrestWestern Australia

Electronic Transactions Act 2011

Electronic Transactions Regulations 2012

Western Australia

Electronic Transactions Regulations 2012

Contents

Citation 1
Commencement 1
Exemptions from s. 8(1) — transactions 1
Exemptions from Part 2 Division 2 — requirements and permissions 1
Electronic Transactions Regulations 2003 repealed 2

Notes

Compilation table 3

Western Australia

Electronic Transactions Act 2011

Electronic Transactions Regulations 2012

1. Citation

	These regulations are the *Electronic Transactions Regulations 2012* 1.

2. Commencement

These regulations come into operation on the day on which the Electronic Transactions Act 2011 section 22 comes into operation.

3. Exemptions from s. 8(1) — transactions

(1) Section 8(1) of the Act does not apply to —

(a) a transaction by which an instrument is created appointing an enduring power of attorney or appointing an attorney to manage a person’s affairs; or

(b) any other transaction that requires a document to be verified, authenticated, attested or witnessed under the signature of a person other than the author of the document.

(2) Section 8(1) of the Act does not apply to a transaction required to be effected by personal service only.

4. Exemptions from Part 2 Division 2 — requirements and permissions

(1) Part 2 Division 2 of the Act does not apply to —

(a) a requirement or permission relating to the creation, execution or revocation of a will, codicil or other testamentary instrument; or

(b) a requirement or permission relating to the creation of an instrument appointing an enduring power of attorney or appointing an attorney to manage a person’s affairs; or

(c) any other requirement that a document is to be verified, authenticated, attested or witnessed under the signature of a person other than the author of the document.

(2) Part 2 Division 2 of the Act does not apply to a requirement that information or a document is to be delivered by personal service only.

5. Electronic Transactions Regulations 2003 repealed

The Electronic Transactions Regulations 2003 are repealed.

Notes

1 This is a compilation of the Electronic Transactions Regulations 2012. The following table contains information about those regulations.

Compilation table

Citation	Gazettal	Commencement
Electronic Transactions Regulations 2012	31 Jul 2012 p. 3688‑9	1 Aug 2012 (see r. 2 and Gazette 31 Jul 2012 p. 3683)

Source text

Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.

Western Australia

Electronic Transactions Act 2011

Electronic Transactions Regulations 2012

Western Australia

Electronic Transactions Regulations 2012

Contents

Citation 1
Commencement 1
Exemptions from s. 8(1) — transactions 1
Exemptions from Part 2 Division 2 — requirements and permissions 1
Electronic Transactions Regulations 2003 repealed 2

Notes

Compilation table 3

Western Australia

Electronic Transactions Act 2011

Electronic Transactions Regulations 2012

1. Citation

	These regulations are the *Electronic Transactions Regulations 2012* 1.

2. Commencement

These regulations come into operation on the day on which the Electronic Transactions Act 2011 section 22 comes into operation.

3. Exemptions from s. 8(1) — transactions

(1) Section 8(1) of the Act does not apply to —

(a) a transaction by which an instrument is created appointing an enduring power of attorney or appointing an attorney to manage a person’s affairs; or

(b) any other transaction that requires a document to be verified, authenticated, attested or witnessed under the signature of a person other than the author of the document.

(2) Section 8(1) of the Act does not apply to a transaction required to be effected by personal service only.

4. Exemptions from Part 2 Division 2 — requirements and permissions

(1) Part 2 Division 2 of the Act does not apply to —

(a) a requirement or permission relating to the creation, execution or revocation of a will, codicil or other testamentary instrument; or

(b) a requirement or permission relating to the creation of an instrument appointing an enduring power of attorney or appointing an attorney to manage a person’s affairs; or

(c) any other requirement that a document is to be verified, authenticated, attested or witnessed under the signature of a person other than the author of the document.

(2) Part 2 Division 2 of the Act does not apply to a requirement that information or a document is to be delivered by personal service only.