Table Of Contents

Electronic Transactions Regulation 2007

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Electronic Transactions Act 2000.

BOB DEBUS, M.P.,Attorney General
1   Name of Regulation
This Regulation is the Electronic Transactions Regulation 2007.
2   Commencement
(1)  This Regulation commences on the day it is published in the Gazette, except as provided by subclause (2).
(2)  Clauses 4 (2) and 7 (2) commence on the later of:
(a)  the day on which Schedule 15 to the Parliamentary Electorates and Elections Amendment Act 2006 commences, or
(b)  the day on which this Regulation is published in the Gazette,
and are repealed on the day following the day on which those subclauses commence.
Note—
This Regulation repeals and replaces the Electronic Transactions Regulation 2001 which would otherwise be repealed on 1 September 2007 by section 10 (2) of the Subordinate Legislation Act 1989.
3   Definitions
(1)  In this Regulation:
judicial body means court or tribunal, and includes any other body or person exercising judicial or quasi-judicial functions.
the Act means the Electronic Transactions Act 2000.
(2)  Notes included in this Regulation do not form part of this Regulation.
4   Certain laws excluded from section 7 (1) of the Act
(1)  Section 7 (1) of the Act does not apply to the following laws of this jurisdiction:
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.
(2)  Subclause (1) is amended by inserting “or by an accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act 1912)” after “Electoral Commissioner”.
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
(1)  Division 2 of Part 2 of the Act does not apply to the following laws of this jurisdiction:
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.
(2)  Subclause (1) is amended by inserting “or by an accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act 1912)” after “Electoral Commissioner”.
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.
9   Repeal
The Electronic Transactions Regulation 2001 is repealed.