Electronic Transactions Regulation 2001



1   Name of Regulation
This Regulation is the Electronic Transactions Regulation 2001.
2   Commencement
This Regulation commences on 7 December 2001.
3   Definitions
In this Regulation:
judicial body means court or tribunal, and includes any other body or person exercising judicial or quasi-judicial functions.
4   Certain laws excluded from section 7 (1) of the Act
Section 7 (1) of the Act does not apply to the following laws of this jurisdiction:
Consumer Credit (New South Wales) Code
Consumer Credit (New South Wales) Regulations
Election Funding Act 1981, and any regulations under that Act
Freedom of Information Act 1989, and any regulations under that Act
Legal Profession Act 2004, and any regulations under that Act
Local Government Act 1993, Chapter 10, and any regulations under that Act with respect to the matters dealt with in that Chapter
Parliamentary Electorates and Elections Act 1912, and any regulations under that Act
Poisons and Therapeutic Goods Act 1966, and any regulations under that Act
Any other 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 such provision.
cll 4: Am 30.8.2002; 2005 (449), cl 3.
5   Certain requirements excluded from Division 2 of Part 2 of the Act
Division 2 of Part 2 of the Act does not apply to the following requirements and classes of requirements:
(a)  any requirement under a law of this jurisdiction for a person to lodge or file a document with a judicial body in connection with legal proceedings,
(b)  any requirement under a law of this jurisdiction for a person to sign a document to be lodged or filed with a judicial body in connection with legal proceedings,
(c)  any requirement under a law of this jurisdiction 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 those proceedings,
(d)  any requirement under a law of this jurisdiction for a person to retain 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 any legal proceedings held before a judicial body, or
(iii)  that has been issued by a judicial body in connection with any legal proceedings,
(e)  any requirement under a law of this jurisdiction for a document to be served personally or by post,
(f)  any requirement under a law of this jurisdiction 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 Division 2 of Part 2 of the Act
Division 2 of Part 2 of the Act does not apply to the following permissions and classes of permissions:
(a)  any permission under a law of this jurisdiction for a person to lodge or file a document with a judicial body in connection with legal proceedings,
(b)  any permission under a law of this jurisdiction for a person to sign a document to be lodged or filed with a judicial body in connection with legal proceedings,
(c)  any permission under a law of this jurisdiction 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 those proceedings,
(d)  any permission under a law of this jurisdiction for a person to retain 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 any legal proceedings held before a judicial body, or
(iii)  that has been issued by a judicial body in connection with any legal proceedings,
(e)  any permission under a law of this jurisdiction for a document to be served personally or by post,
(f)  any permission under a law of this jurisdiction 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 Division 2 of Part 2 of the Act
Division 2 of Part 2 of the Act does not apply to the following laws of this jurisdiction:
Consumer Credit (New South Wales) Code
Consumer Credit (New South Wales) Regulations
Election Funding Act 1981, and any regulations under that Act
Freedom of Information Act 1989, and any regulations under that Act
Legal Profession Act 2004, and any regulations under that Act
Local Government Act 1993, Chapter 10, and any regulations under that Act with respect to the matters dealt with in that Chapter
Parliamentary Electorates and Elections Act 1912, and any regulations under that Act
Poisons and Therapeutic Goods Act 1966, and any regulations under that Act
Any other 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 such provision.
cll 7: Am 30.8.2002; 2005 (449), cl 3.
8   Definition of “court” for the purposes of Part 2A of the Act
(1)  The Workers Compensation Commission is declared to be a court for the purposes of Part 2A of the Act.
(2)  The Registrar of the Workers Compensation Commission is declared to be a court for the purposes of Part 2A of the Act.
cl 8: Ins 2006 (280), cl 2.