1Electronic Transactions (Victoria) Act 2000

Version No. 004 **Electronic Transactions (Victoria) Act 2000** **No. 20 of 2000** Version incorporating amendments as at 26 April 2021 **table of provisions** *Section Page* Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 3 Definitions 2 4 Object 4 5 Outline of Act 5 6 Crown to be bound 6 6A Exemptions 7 Part 2—Application of legal requirements to electronic communications 8 Division 1—General rule about validity of transactions for the purposes of laws of this jurisdiction 8 7 Validity of electronic transactions 8 Division 2—Requirements under laws of this jurisdiction 8 8 Writing 8 9 Signatures 10 10 Production of document 11 11 Retention of information and documents 13 12 Witnessing by audio visual link 16 12A Deeds 18 12B Mortgages 18 Division 3—Other provisions relating to laws of this jurisdiction 19 13 Time of dispatch 19 13A Time of receipt 19 13B Place of dispatch and place of receipt 20 14 Attribution of electronic communications 22 Part 2A—Additional provisions applying to contracts involving electronic communications 23 14A Application and operation of this Part 23 14B Invitation to treat regarding contracts 23 14C Use of automated message systems for contract formation—non‑intervention of natural person 24 14D Error in electronic communications regarding contracts 24 14E Application of Act in relation to contracts 25 Part 3—Miscellaneous 27 15 Regulations 27 16 Transitional provisions—Electronic Transactions (Victoria) Amendment Act 2011 27 17 Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 28 Endnotes 29 1 General information 29 2 Table of Amendments 31 3 Amendments Not in Operation 32 4 Explanatory details 33 **Version No.** **004** **Electronic Transactions (Victoria) Act 2000** **No. 20 of 2000** Version incorporating amendments as at 26 April 2021 **The Parliament of Victoria enacts as follows:** Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) to recognise that transactions effected electronically are not by that reason alone invalid; (b) to provide for the meeting of certain legal requirements as to writing and signatures by electronic communication; S. 1(ba) inserted by No. 11/2021 s. 63. (ba) to provide for witnessing by audio visual link; (c) to permit documents to be produced to another person by electronic communication; (d) to permit the recording and retention of information and documents in electronic form; (e) to provide for the determination of time and place of dispatch and receipt of electronic communications; (f) to stipulate when an electronic communication will bind its purported originator. 2 Commencement This Act comes into operation on 1 September 2000. 3 Definitions (1) In this Act— S. 3(1) def. of a*ddressee* inserted by No. 52/2011 s. 4(a). ***addressee*** of an electronic communication means a person who is intended by the originator to receive the electronic communication, but does not include a person acting as an intermediary with respect to the electronic communication; S. 3(1) def. of *automated message system* inserted by No. 52/2011 s. 4(a). ***automated message system*** means a computer program or an electronic or other automated means used to initiate an action or respond to data messages in whole or in part, without review or intervention by a natural person each time an action is initiated or a response is generated by the system; ***consent*** includes consent that can reasonably be inferred from the conduct of the person concerned, but does not include consent given subject to conditions unless the conditions are complied with; ***data*** includes the whole or part of a computer program within the meaning of the Copyright Act 1968 of the Commonwealth; ***data storage device*** means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device; ***electronic communication*** means— (a) a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or (b) a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system; ***information*** means information in the form of data, text, images or sound; ***information system*** means a system for generating, sending, receiving, storing or otherwise processing electronic communications; ***information technology requirements*** includes software requirements; ***law of this jurisdiction*** means any law in force in this jurisdiction, whether written or unwritten, but does not include a law of the Commonwealth; ***non-profit body*** means a body that is not carried on for the purposes of profit or gain to its individual members and is, by the terms of the body's constitution, prohibited from making any distribution, whether in money, property or otherwise, to its members; S. 3(1) def. of *originator* inserted by No. 52/2011 s. 4(a). ***originator*** of an electronic communication means a person by whom, or on whose behalf, the electronic communication has been sent or generated before storage, if any, but does not include a person acting as an intermediary with respect to the electronic communication; S. 3(1) def. of *performance* inserted by No. 52/2011 s. 4(a). ***performance*** of a contract includes non‑performance of the contract; S. 3(1) def. of *place of business* substituted by No. 52/2011 s. 4(b). ***place of business*** means— (a) in relation to a person, other than an entity referred to in paragraph (b)—a place where the person maintains a non-transitory establishment to pursue an economic activity other than the temporary provision of goods or services out of a specific location; or (b) in relation to a government, an authority of a government or a non-profit body—a place where any operations or activities are carried out by that government, authority or body; ***this jurisdiction*** means Victoria; S. 3(1) def. of *transaction* substituted by No. 52/2011 s. 4(c). ***transaction*** includes— (a) any transaction in the nature of a contract, agreement or other arrangement; and (b) any statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract, agreement or other arrangement; and (c) any transaction of a non-commercial nature. (2) Notes do not form part of this Act. 4 Object The object of this Act is to provide a regulatory framework that— (a) recognises the importance of the information economy to the future economic and social prosperity of Australia; and (b) facilitates the use of electronic transactions; and (c) promotes business and community confidence in the use of electronic transactions; and (d) enables business and the community to use electronic communications in their dealings with government. 5 Outline of Act (1) The following is an outline of this Act— (a) for the purposes of a law of this jurisdiction, a transaction is not invalid because it took place by means of one or more electronic communications; (b) the following requirements imposed under a law of this jurisdiction can generally be met in electronic form— (i) a requirement to give information in writing; (ii) a requirement to provide a signature; (iii) a requirement to produce a document; (iv) a requirement to record information; (v) a requirement to retain a document; S. 5(1)(ba) inserted by No. 11/2021 s. 64. (ba) for the purposes of a law of this jurisdiction, witnessing may occur by audio visual link; (c) for the purposes of a law of this jurisdiction, provision is made for determining the time and place of the dispatch and receipt of an electronic communication; (d) the purported originator of an electronic communication is bound by it for the purposes of a law of this jurisdiction only if the communication was sent by the purported originator or with the authority of the purported originator. S. 5(1A) inserted by No. 52/2011 s. 5(1). (1A) Part 2A contains provisions applying to contracts involving electronic communications, including provisions (relating to the Internet in particular) for the following— (a) an unaddressed proposal to form a contract is to be regarded as an invitation to make offers, rather than as an offer that if accepted would result in a contract; (b) a contract formed automatically is not invalid, void or unenforceable because there was no human review or intervention; (c) a portion of an electronic communication containing an input error can be withdrawn in certain circumstances; (d) the application of certain provisions of Part 2 to the extent they do not apply of their own force. S. 5(2) amended by No. 52/2011 s. 5(2). (2) Subsections (1) and (1A) are intended only as a guide to the general scheme and effect of this Act. 6 Crown to be bound This Act binds the Crown in right of Victoria and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities. S. 6A inserted by No. 52/2011 s. 6. 6A Exemptions (1) The regulations may provide that all or specified provisions of this Act do not apply— (a) to transactions, requirements, permissions, electronic communications or other matters specified, or of classes specified, in the regulations for the purposes of this section; or S. 6A(1)(ab) inserted by No. 11/2021 s. 65. (ab) to witnessing in accordance with a law of this jurisdiction, (including but not limited to witnessing by audio visual link), whether— (i) generally; or (ii) to specified transactions or classes of transaction; or (iii) to specified documents or classes of document; or (iv) to specified persons or classes of person; or (b) in circumstances specified, or of classes specified, in the regulations for the purposes of this section. (2) The regulations may provide that all or specified provisions of this Act do not apply to specified laws of this jurisdiction. Part 2—Application of legal requirements to electronic communications Division 1—General rule about validity of transactions for the purposes of laws of this jurisdiction 7 Validity of electronic transactions (1) For the purposes of a law of this jurisdiction, a transaction is not invalid because it took place wholly or partly by means of one or more electronic communications. (2) The general rule in subsection (1) does not apply in relation to the validity of a transaction to the extent to which another, more specific, provision of this Part deals with the validity of the transaction. S. 7(3)(4) repealed by No. 52/2011 s. 7. * * * * * Division 2—Requirements under laws of this jurisdiction 8 Writing (1) If, by or under a law of this jurisdiction, a person is required to give information in writing, that requirement is taken to have been met if the person gives the information by means of an electronic communication, where— (a) at the time the information was given, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and (b) the person to whom the information is required to be given consents to the information being given by means of an electronic communication. (2) If, by or under a law of this jurisdiction, a person is permitted to give information in writing, the person may give the information by means of an electronic communication, where— (a) at the time the information was given, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and (b) the person to whom the information is permitted to be given consents to the information being given by means of an electronic communication. (3) This section does not affect the operation of any other law of this jurisdiction that makes provision for or in relation to requiring or permitting information to be given, in accordance with particular information technology requirements— (a) on a particular kind of data storage device; or (b) by means of a particular kind of electronic communication. (4) This section applies to a requirement or permission to give information, whether the expression "give", "send" or "serve", or any other expression, is used. (5) For the purposes of this section, ***giving information*** includes, but is not limited to, the following— (a) making an application; (b) making or lodging a claim; (c) giving, sending or serving a notification; (d) lodging a return; (e) making a request; (f) making a declaration; (g) lodging or issuing a certificate; (h) making, varying or cancelling an election; (i) lodging an objection; (j) giving a statement of reasons. 9 Signatures (1) If, by or under a law of this jurisdiction, the signature of a person is required, that requirement is taken to have been met in relation to an electronic communication if— S. 9(1)(a) amended by No. 52/2011 s. 8(1). (a) a method is used to identify the person and to indicate the person's intention in respect of the information communicated; and S. 9(1)(b) substituted by No. 52/2011 s. 8(2). (b) the method used was either— (i) as reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement; or (ii) proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence; and S. 9(1)(c) amended by No. 11/2021 s. 66(1). (c) the person to whom the signature is required to be given consents to that requirement being met by way of the use of the method mentioned in paragraph (a), having regard to the fact that it is not a sufficient reason to refuse to give consent merely because a person proposes to use a method mentioned in that paragraph. S. 9(1A) inserted by No. 11/2021 s. 66(2). (1A) For the avoidance of doubt, a requirement for a signature of a person may be met by electronic signature under subsection (1). **Example** Confirming a person's agreement by electronically selecting an option indicating agreement or affirmation. S. 9(1B) inserted by No. 11/2021 s. 66(2). (1B) For the purposes of this section, in relation to a transaction or other signing of a document, not all signatures are required to appear on the one copy of a document. (2) This section does not affect the operation of any other law of this jurisdiction that makes provision for or in relation to requiring— (a) an electronic communication to contain an electronic signature (however described); or (b) an electronic communication to contain a unique identification in an electronic form; or S. 9(2)(c) amended by No. 52/2011 s. 8(3). (c) a particular method to be used in relation to an electronic communication to identify the originator of the communication and to indicate the originator's intention in respect of the information communicated. S. 9(3) inserted by No. 52/2011 s. 8(4). (3) The reference in subsection (1) to a law that requires a signature includes a reference to a law that provides consequences for the absence of a signature. 10 Production of document (1) If, by or under a law of this jurisdiction, a person is required to produce a document that is in the form of paper, an article or other material, that requirement is taken to have been met if the person produces, by means of an electronic communication, an electronic form of the document, where— (a) having regard to all the relevant circumstances at the time the communication was sent, the method of generating the electronic form of the document provided a reliable means of assuring the maintenance of the integrity of the information contained in the document; and (b) at the time the communication was sent, it was reasonable to expect that the information contained in the electronic form of the document would be readily accessible so as to be useable for subsequent reference; and (c) the person to whom the document is required to be produced consents to the production, by means of an electronic communication, of an electronic form of the document. (2) If, by or under a law of this jurisdiction, a person is permitted to produce a document that is in the form of paper, an article or other material, then, instead of producing the document in that form, the person may produce, by means of an electronic communication, an electronic form of the document, where— (a) having regard to all the relevant circumstances at the time the communication was sent, the method of generating the electronic form of the document provided a reliable means of assuring the maintenance of the integrity of the information contained in the document; and (b) at the time the communication was sent, it was reasonable to expect that the information contained in the electronic form of the document would be readily accessible so as to be useable for subsequent reference; and (c) the person to whom the document is permitted to be produced consents to the production, by means of an electronic communication, of an electronic form of the document. (3) For the purposes of this section, the integrity of information contained in a document is maintained if, and only if, the information has remained complete and unaltered, apart from— (a) the addition of any endorsement; or (b) any immaterial change— which arises in the normal course of communication, storage or display. (4) This section does not affect the operation of any other law of this jurisdiction that makes provision for or in relation to requiring or permitting electronic forms of documents to be produced, in accordance with particular information technology requirements— (a) on a particular kind of data storage device; or (b) by means of a particular kind of electronic communication. 11 Retention of information and documents (1) If, by or under a law of this jurisdiction, a person is required to record information in writing, that requirement is taken to have been met if the person records the information in electronic form, where— (a) at the time of the recording of the information, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and (b) if the regulations require that the information be recorded on a particular kind of data storage device, that requirement has been met. (2) If, by or under a law of this jurisdiction, a person is required to retain, for a particular period, a document that is in the form of paper, an article or other material, that requirement is taken to have been met if the person retains, or causes another person to retain, an electronic form of the document throughout that period, where— (a) having regard to all the relevant circumstances at the time of the generation of the electronic form of the document, the method of generating the electronic form of the document provided a reliable means of assuring the maintenance of the integrity of the information contained in the document; and (b) at the time of the generation of the electronic form of the document, it was reasonable to expect that 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 the regulations require that the electronic form of the document be retained on a particular kind of data storage device, that requirement has been met throughout that period. (3) For the purposes of subsection (2), the integrity of information contained in a document is maintained if, and only if, the information has remained complete and unaltered, apart from— (a) the addition of any endorsement; or (b) any immaterial change— which arises in the normal course of communication, storage or display. (4) If, by or under a law of this jurisdiction, a person (**the first person**) is required to retain, for a particular period, information that was the subject of an electronic communication, that requirement is taken to have been met if the first person retains, or causes another person to retain, in electronic form, the information throughout that period, where— (a) at the time of commencement of the retention of the information, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and (b) having regard to all the relevant circumstances at the time of commencement of the retention of the information, the method of retaining the information in electronic form provided a reliable means of assuring the maintenance of the integrity of the information contained in the electronic communication; and (c) throughout that period, the first person also retains, or causes the other person to retain, in electronic form, such additional information obtained by the first person as is sufficient to enable the identification of the following— (i) the origin of the electronic communication; (ii) the destination of the electronic communication; (iii) the time when the electronic communication was sent; (iv) the time when the electronic communication was received; and (d) at the time of commencement of the retention of the additional information covered by paragraph (c), it was reasonable to expect that the additional information would be readily accessible so as to be useable for subsequent reference; and (e) if the regulations require that the information be retained on a particular kind of data storage device, that requirement has been met throughout that period. (5) For the purposes of subsection (4), the integrity of information that was the subject of an electronic communication is maintained if, and only if, the information has remained complete and unaltered, apart from— (a) the addition of any endorsement; or (b) any immaterial change— which arises in the normal course of communication, storage or display. S. 12 repealed by No. 52/2011 s. 9, new s. 12 inserted by No. 11/2021 s. 67. 12 Witnessing by audio visual link (1) A law of this jurisdiction in relation to a requirement for the presence of a witness, signatory or other person may be met by the witness, signatory or other person being present by audio visual link. **Examples** 1 A person observing another person by audio visual link in order to sign a document confirming that person's identity. 2 A person observing, by audio visual link, another person writing that other person's signature in order to sign a document as a witness to that other person's signature. (2) For the purposes of this section, the following requirements must be met— (a) if the transaction involved a person signing a document, the witness saw the signatory sign the document; and (b) the witness must be reasonably satisfied that the document signed as a witness is the same document or a copy of the document; and (c) all requirements for witnessing by audio visual link occurred on the same day; and (d) any other prescribed requirements (if any); and (e) the witness must ensure a statement is included on the document the witness signs that all the requirements of this section have been met. (3) A witness need not be physically located in Victoria, unless otherwise required by a law of this jurisdiction. (4) Nothing in this section is taken to interfere with any Act or law, including the common law or equitable duties or interests arising out of the law of misrepresentation, unconscionability, duress or undue influence. (5) This section does not affect the operation of any other law of this jurisdiction that makes provision for or in relation to— (a) a witnessing requirement which could not be met by witnessing by audio visual link; or (b) a particular method to be used to witness a document by audio visual link. S. 12A inserted by No. 11/2021 s. 67. 12A Deeds (1) A deed— (a) may be created in electronic form; and (b) may be signed, sealed and delivered by electronic communication. (2) A provision of this Act that applies in relation to a transaction applies in relation to a deed referred to in subsection (1) as if a reference to "transaction" includes a reference to that deed. (3) Nothing in this section is taken to interfere with any Act or law, including the common law or equitable duties or interests arising out of the law of misrepresentation, unconscionability, duress or undue influence. S. 12B inserted by No. 11/2021 s. 67. 12B Mortgages (1) A mortgage may be in electronic form. (2) A provision of this Act that applies in relation to a transaction applies in relation to a mortgage referred to in subsection (1) as if a reference to "transaction" includes a reference to that mortgage. (3) Nothing in this section is taken to interfere with any Act or law, including the common law or equitable duties or interests arising out of the law of misrepresentation, unconscionability, duress or undue influence. (4) This section does not affect the operation of any other law of this jurisdiction that makes specific provision for or in relation to the requirements for a mortgage in electronic form. **Example** The operation of the **Electronic Conveyancing National Law (Victoria)** in relation to electronic lodgement of mortgages or other documents under that Law. Division 3—Other provisions relating to laws of this jurisdiction S. 13 substituted by No. 52/2011 s. 10. 13 Time of dispatch (1) For the purposes of a law of this jurisdiction, unless otherwise agreed between the originator and the addressee of an electronic communication, the time of dispatch of the electronic communication is— (a) the time when the electronic communication leaves an information system under the control of the originator or of the party who sent it on behalf of the originator; or (b) if the electronic communication has not left an information system under the control of the originator or of the party who sent it on behalf of the originator—the time when the electronic communication is received by the addressee. **Note** Paragraph (b) would apply to a case where the parties exchange electronic communications through the same information system. (2) Subsection (1) applies even though the place where the information system supporting an electronic address is located may be different from the place where the electronic communication is taken to have been dispatched under section 13B. S. 13A inserted by No. 52/2011 s. 10. 13A Time of receipt (1) For the purposes of a law of this jurisdiction, unless otherwise agreed between the originator and the addressee of an electronic communication— (a) the time of receipt of the electronic communication is the time when the electronic communication becomes capable of being retrieved by the addressee at an electronic address designated by the addressee; or (b) the time of receipt of the electronic communication at another electronic address of the addressee is the time when both— (i) the electronic communication has become capable of being retrieved by the addressee at that address; and (ii) the addressee has become aware that the electronic communication has been sent to that address. (2) For the purposes of subsection (1), unless otherwise agreed between the originator and the addressee of the electronic communication, it is to be assumed that the electronic communication is capable of being retrieved by the addressee when it reaches the addressee's electronic address. (3) Subsection (1) applies even though the place where the information system supporting an electronic address is located may be different from the place where the electronic communication is taken to have been received under section 13B. S. 13B inserted by No. 52/2011 s. 10. 13B Place of dispatch and place of receipt (1) For the purposes of a law of this jurisdiction, unless otherwise agreed between the originator and the addressee of an electronic communication— (a) the electronic communication is taken to have been dispatched at the place where the originator has its place of business; and (b) the electronic communication is taken to have been received at the place where the addressee has its place of business. (2) For the purposes of the application of subsection (1) to an electronic communication— (a) a party's place of business is assumed to be the location indicated by that party, unless another party demonstrates that the party making the indication does not have a place of business at that location; and (b) if a party has not indicated a place of business and has only one place of business, it is to be assumed that that place is the party's place of business; and (c) if a party has not indicated a place of business and has more than one place of business, the place of business is that which has the closest relationship to the underlying transaction, having regard to the circumstances known to or contemplated by the parties at any time before or at the conclusion of the transaction; and (d) if a party has not indicated a place of business and has more than one place of business, but paragraph (c) does not apply—it is to be assumed that the party's principal place of business is the party's only place of business; and (e) if a party is a natural person and does not have a place of business—it is to be assumed that the party's place of business is the place of the party's habitual residence. (3) A location is not a place of business merely because that is— (a) where equipment and technology supporting an information system used by a party are located; or (b) where the information system may be accessed by other parties. (4) The sole fact that a party makes use of a domain name or electronic mail address connected to a specific country does not create a presumption that its place of business is located in that country. 14 Attribution of electronic communications (1) For the purposes of a law of this jurisdiction, unless otherwise agreed between the purported originator and the addressee of an electronic communication, the purported originator of the electronic communication is bound by that communication only if the communication was sent by the purported originator or with the authority of the purported originator. (2) Subsection (1) does not affect the operation of a law of this jurisdiction that makes provision for— (a) conduct engaged in by a person within the scope of the person's actual or apparent authority to be attributed to another person; or (b) a person to be bound by conduct engaged in by another person within the scope of the other person's actual or apparent authority. S. 14(3)(4) repealed by No. 52/2011 s. 11. * * * * * Pt 2A (Heading and ss 14A–14E) inserted by No. 52/2011 s. 12. Part 2A—Additional provisions applying to contracts involving electronic communications S. 14A inserted by No. 52/2011 s. 12. 14A Application and operation of this Part This Part applies to the use of electronic communications in connection with the formation or performance of a contract between parties where the proper law of the contract is (or would on its formation be) the law of this jurisdiction, and so applies— (a) whether some or all of the parties are located within Australia or elsewhere; and (b) whether the contract is for business purposes, for personal, family or household purposes, or for other purposes. S. 14B inserted by No. 52/2011 s. 12. 14B Invitation to treat regarding contracts (1) A proposal to form a contract made through one or more electronic communications that— (a) is not addressed to one or more specific parties; and (b) is generally accessible to parties making use of information systems— is to be considered as an invitation to make offers, unless it clearly indicates the intention of the party making the proposal to be bound in case of acceptance. (2) Subsection (1) extends to proposals that make use of interactive applications for the placement of orders through information systems. S. 14C inserted by No. 52/2011 s. 12. 14C Use of automated message systems for contract formation—non‑intervention of natural person A contract formed by— (a) the interaction of an automated message system and a natural person; or (b) the interaction of automated message systems— is not invalid, void or unenforceable on the sole ground that no natural person reviewed or intervened in each of the individual actions carried out by the automated message systems or the resulting contract. S. 14D inserted by No. 52/2011 s. 12. 14D Error in electronic communications regarding contracts (1) This section applies in relation to a statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract. (2) If— (a) a natural person makes an input error in an electronic communication exchanged with the automated message system of another party; and (b) the automated message system does not provide the person with an opportunity to correct the error— the person, or the party on whose behalf the person was acting, has the right to withdraw the portion of the electronic communication in which the input error was made if— (c) the person, or the party on whose behalf the person was acting, notifies the other party of the error as soon as possible after having learned of the error and indicates that he or she made an error in the electronic communication; and (d) the person, or the party on whose behalf the person was acting, has not used or received any material benefit or value from the goods or services, if any, received from the other party. (3) The right of withdrawal of a portion of an electronic communication under this section is not of itself a right to rescind or otherwise terminate a contract. (4) The consequences (if any) of the exercise of the right of withdrawal of a portion of an electronic communication under this section are to be determined in accordance with any applicable rule of law. **Note** In some circumstances the withdrawal of a portion of an electronic communication may invalidate the entire communication or render it ineffective for the purposes of contract formation (see paragraph 241 of the UNCITRAL explanatory note for the United Nations Convention on the Use of Electronic Communications in International Contracts). S. 14E inserted by No. 52/2011 s. 12. 14E Application of Act in relation to contracts (1) Subject to subsection (2), the provisions of sections 7, 13, 13A and 13B apply to— (a) a transaction constituted by or relating to a contract; or (b) an electronic communication relating to the formation or performance of a contract— in the same way as they apply to a transaction or electronic communication referred to in those sections, and so apply as if the words "For the purposes of a law of this jurisdiction" were omitted. (2) However, this Part (including subsection (1)) does not apply to or in relation to a contract to the extent that— (a) Part 2 would of its own force have the same effect as this Part if this Part applied; or (b) a law of another State or Territory (that is in substantially the same terms as Part 2) would of its own force have the same effect as this Part if this Part applied. **Note** This section applies provisions of Part 2 to contracts or proposed contracts to the extent (if any) that those provisions do not apply merely because they are expressed to apply in relation to a law of this jurisdiction. This section also disapplies the provisions of Part 2A to the extent that Part 2 would apply of its own force. An example where Part 2 may not apply of its own force is where a contract is being negotiated in a State or Territory from a supplier located overseas. Part 3—Miscellaneous 15 Regulations The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. S. 16 inserted by No. 52/2011 s. 13. 16 Transitional provisions—Electronic Transactions (Victoria) Amendment Act 2011 (1) Regulations made under this Act before the commencement of section 6A (as inserted by section 6 of the **Electronic Transactions (Victoria) Amendment Act 2011**) and in force immediately before that commencement have effect as if section 6A had been in force when they were made and, on and from that commencement, are taken to have been made under section 6A and may be amended or revoked accordingly. **Note** See section 16 of the **Interpretation of Legislation Act 1984**. (2) Subject to subsection (3)— (a) section 14B extends to proposals made before the commencement date; and (b) section 14C extends to actions carried out before the commencement date; and (c) section 14D extends to statements, declarations, demands, notices or requests, including offers and the acceptance of offers, made or given before the commencement date. (3) Subsection (2) and Part 2A do not apply in relation to contracts formed before the commencement date. (4) In subsections (2) and (3), ***commencement date*** means the date of commencement of Part 2A, as inserted by section 12 of the **Electronic Transactions (Victoria) Amendment Act 2011**. S. 17 inserted by No. 11/2021 s. 68. 17 Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 On and from the commencement of Part 10 of the **Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021**, any transaction, deed or mortgage signed or witnessed under this Act as modified by Part 2 of the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020 (as in force immediately before their revocation) continues to be a validly signed or witnessed transaction, deed or mortgage despite that revocation. Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 6 April 2000* *Legislative Council: 9 May 2000* The long title for the Bill for this Act was "to facilitate electronic transactions and for other purposes." The **Electronic Transactions (Victoria) Act 2000** was assented to on 16 May 2000 and came into operation on 1 September 2000: section 2. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Electronic Transactions (Victoria) Act 2000** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Electronic Transactions (Victoria) Amendment Act 2011, No. 52/2011** | Assent Date: | 18.10.11 | | --- | --- | | Commencement Date: | 1.12.11: Special Gazette (No. 389) 29.11.11 p. 1 | | Current State: | All of Act in operation | **Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021** | Assent Date: | 23.3.21 | | --- | --- | | Commencement Date: | Ss 63–68 on 26.4.21: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Electronic Transactions (Victoria) Act 2000** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation This version does not contain amendments that are not yet in operation. 4 Explanatory details No entries at date of publication.