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…