Electronic Communications Act 2000 (SA)

Legislation au South Australian Legislation - Acts (SALegAct) S O U T H A U S T R A L I A N L E G I S L A T I O N

Legislation content

South Australia

Electronic Communications Act 2000

An Act to facilitate electronic communications; and for other purposes.

Contents

Part 1—Preliminary

1Short title

3Object

4Simplified outline

5Interpretation

6Crown to be bound

6AExemptions

Part 2—Application of legal requirements to electronic communications

Division 1—General rule about validity of electronic communications for the purposes of laws of this jurisdiction

7Validity of electronic transactions and government documents

Division 2—Requirements under laws of this jurisdiction

8Writing

9Signatures

10Production of document

11Retention of information and documents

Division 3—Other provisions relating to laws of this jurisdiction

13Time of transmission

13ATime of receipt

13BPlace of transmission and receipt

14Attribution of electronic communications

Part 2A—Additional provisions applying to contracts involving electronic communications

14AApplication and operation of Part

14BInvitation to treat regarding contracts

14CUse of automated message systems for contract formation—non‑intervention of natural person

14DError in electronic communications regarding contracts

14EApplication of Act in relation to contracts

Part 3—Issue of government documents by approved information system

15Application of Part

16Minister may approve means of issue

17Approval for electronic issue of government document

18Electronic issue authorised if approved and consent given

19Usage rules must be complied with

20Prescribed modifications

21Evidentiary

Part 4—Miscellaneous

22Delegation

23Regulations

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Electronic Communications Act 2000.

3—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 communications; and

(c)promotes business and community confidence in the use of electronic communications; and

(d)enables business and the community to use electronic communications in their dealings with government.

4—Simplified outline

(1)The following is a simplified 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; and

(ab)for the purposes of the law of this jurisdiction, a government document is not invalid because it was issued by means of 1 or more electronic communications; and

(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; and

(c)for the purposes of a law of this jurisdiction, provision is made for determining the time and place of the transmission and receipt of an electronic communication; and

(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.

(2)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…

Continue reading Electronic Communications Act 2000 (SA)

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.