1 Name of Regulation
This Regulation is the Electronic Transactions Regulation 2017.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.Note—This Regulation repeals and replaces the Electronic Transactions Regulation 2012, which would otherwise be repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
(1) In this Regulation—judicial body means a court or tribunal, and includes any other body or person exercising judicial or quasi-judicial functions.the Act means the Electronic Transactions Act 2000.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) Notes included in this Regulation do not form part of this Regulation.
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—(a) the Election Funding, Expenditure and Disclosures Act 1981, and any regulations under that Act,(b) the Government Information (Public Access) Act 2009, and any regulations under that Act,(c) Chapter 10 of the Local Government Act 1993, and any regulations under that Act with respect to the matters dealt with in that Chapter,(d) the Parliamentary Electorates and Elections Act 1912, and any regulations under that Act,(e) the Poisons and Therapeutic Goods Act 1966, and any regulations under that Act,(f) 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.
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—(a) the Election Funding, Expenditure and Disclosures Act 1981, and any regulations under that Act,(b) the Government Information (Public Access) Act 2009, and any regulations under that Act,(c) Chapter 10 of the Local Government Act 1993, and any regulations under that Act with respect to the matters dealt with in that Chapter,(d) the Parliamentary Electorates and Elections Act 1912, and any regulations under that Act,(e) the Poisons and Therapeutic Goods Act 1966, and any regulations under that Act,(f) 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.
8 Definition of “court” for purposes of Schedule 1 to the Act
(1) The Personal Injury Commission is declared to be a court for the purposes of Schedule 1 to the Act.(2) (Repealed)(3) The Civil and Administrative Tribunal is declared to be a court for the purposes of Schedule 1 to the Act.cl 8: Am 2020 No 18, Sch 6.3[1] [2].
8A (Repealed)
cl 8A: Ins 2020 (169), Sch 1[1]. Rep 2020 No 24, Sch 1.6[1].
8B COVID-19 pandemic—repeal of special provisions
Part 4 of the Act is repealed at the beginning of 26 March 2021.cl 8B: Ins 2020 (562), Sch 1.9.
9 Repeal and savings
(1) The Electronic Transactions Regulation 2012 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Electronic Transactions Regulation 2012, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 (Repealed)
sch 1: Ins 2020 (169), Sch 1[2]. Rep 2020 No 24, Sch 1.6[2].