Electronic Transactions (Northern Territory) Act 2000 (NT)
NORTHERN TERRITORY OF AUSTRALIA
Electronic Transactions (Northern Territory) Act 2000
As in force at 23 May 2011
NORTHERN TERRITORY OF AUSTRALIA
As in force at 23 May 2011
Electronic Transactions (Northern Territory) act 2000
An Act to facilitate electronic transactions, and for other purposes
This Act may be cited as the
This Act comes into operation on the date fixed by the Administrator by notice in the
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 transactions; and
(c) promotes business and community confidence in the use of electronic transactions; and
(d) enables business and the community to use electronic communications in their dealings with government.
(1) The following is an outline of this Act intended as a guide to the general scheme and effect of the Act:
(a) for the purposes of a law of the Territory, a transaction is not invalid because it took place by means of one or more electronic communications;
(b) the following requirements imposed under a law of the Territory may 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;
(c) for the purposes of a law of the Territory, provision is made for determining the time and place of the dispatch and receipt of an electronic communication;
(d) the purported originator of an electronic communication is bound by it for the purposes of a law of the Territory only if the communication was sent by or with the authority of the purported originator.
(2) This Act also 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 as an offer that if accepted would result in a contract;
(b) a contract formed automatically is not invalid, void or unenforceable because there was no human review or intervention;
(c) a portion of an electronic communication containing an input error can be withdrawn in certain circumstances;
(d) the application of certain provisions of Part 2 to the extent they do not apply of their own force.
In this Act:
(a) a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or
(b) a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system.
(a) in relation to a person, other than an entity mentioned in paragraph (b) – a place where the person maintains a non‑transitory establishment to pursue an economic activity other than the temporary provision of goods or services out of a specific location; or
(b) in relation to a government, an authority of a government or a non-profit body – a place where any operations or activities are carried out by that government, authority or body.
(a) any transaction in the nature of a contract, agreement or other arrangement; and
(b) any statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract, agreement or other arrangement; and
(c) any transaction of a non-commercial nature.
This Act binds the Crown in right of the Territory and, to the extent that the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
(1) A regulation may provide that all or specified provisions of this Act do not apply:
(a) to specified transactions, requirements, permissions, electronic communications or other matters; or
(b) to specified classes of matters mentioned in paragraph (a); or
(c) in specified circumstances or specified classes of circumstances.
(2) A regulation may provide that all or specified provisions of this Act do not apply to specified laws of the Territory.
(1) For the purposes of a law of the Territory, a transaction is not invalid because it took place wholly or partly by means of one or more electronic communications.
(2) The general rule in subsection (1) does not apply in relation to the validity of a transaction to the extent to which another, more specific, provision of this Part deals with the validity of the transaction.
(1) If, under a law of the Territory, a person is required to give information in writing, the requirement is taken to have been met if the person gives the information by means of an electronic communication where:
(a) at the time the information was given, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and
(b) the person to whom the information is required to be given consents to the information being given by means of an electronic communication.
(2) If, under a law of the Territory, a person is permitted to give information in writing, the person may give the information by means of an electronic communication where:
(a) at the time the information was given, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and
(b) the person to whom the information is permitted to be given consents to the information being given by means of an electronic communication.
(3) This section does not affect the operation of any other law of the Territory that makes provision for or in relation to requiring or permitting information to be given, in accordance with particular information technology requirements:
(a) on a particular kind of data storage device; or
(b) by means of a particular kind of electronic communication.
(4) This section applies to a requirement or permission to give information whether the expression
give ,send orserve , or any other expression, is used.(5) For this section,
give information includes, but is not limited to, the following:(a) make an application;
(b) make or lodge a claim;
(c) give, send or serve a notification;
(d) lodge a return;
(e) make a request;
(f) make a declaration;
(g) lodge or issue a certificate;
(h) make, vary or cancel an election;
(j) lodge an objection;
(k) give a statement of reasons.
9 Signatures (1) If, under a law of the Territory, the signature of a person is required, the requirement is taken to have been met in relation to an electronic communication if:
(a) a method is used to identify the person and to indicate the person’s intention in respect of the information communicated; and
(b) the method used was:
(i) as reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement; or
(ii) proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence; and
(c) the person to whom the signature is required to be given consents to the requirement being met by the use of the method mentioned in paragraph (a).
(2) This section does not affect the operation of any other law of the Territory that makes provision for or in relation to requiring:
(a) an electronic communication to contain an electronic signature (however described); or
(b) an electronic communication to contain a unique identification in an electronic form; or
(c) a particular method to be used in relation to an electronic communication to identify the originator of the communication and to indicate the originator’s intention in respect of the information communicated.
(3) The reference in subsection (1) to a law that requires a signature includes a reference to a law that provides consequences for the absence of a signature.
(1) If, under a law of the Territory, a person is required to produce a document that is in the form of paper, an article or other material, the requirement is taken to have been met if the person produces, by means of an electronic communication, an electronic form of the document where:
(a) having regard to all the relevant circumstances at the time the communication was sent, the method of generating the electronic form of the document provided a reliable means of assuring the maintenance of the integrity of the information contained in the document; and
(b) at the time the communication was sent, it was reasonable to expect that the information contained in the electronic form of the document would be readily accessible so as to be useable for subsequent reference; and
(c) the person to whom the document is required to be produced consents to the production, by means of an electronic communication, of an electronic form of the document.
(2) If, under a law of the Territory, a person is permitted to produce a document that is in the form of paper, an article or other material, then, instead of producing the document in that form, the person may produce, by means of an electronic communication, an electronic form of the document where:
(a) having regard to all the relevant circumstances at the time the communication was sent, the method of generating the electronic form of the document provided a reliable means of assuring the maintenance of the integrity of the information contained in the document; and
(b) at the time the communication was sent, it was reasonable to expect that the information contained in the electronic form of the document would be readily accessible so as to be useable for subsequent reference; and
(c) the person to whom the document is permitted to be produced consents to the production, by means of an electronic communication, of an electronic form of the document.
(3) For this section, the integrity of information contained in a document is maintained only if the information has remained complete and unaltered, apart from:
(a) the addition of an endorsement; or
(b) an immaterial change;
which arises in the normal course of communication, storage or display.
(4) This section does not affect the operation of any other law of the Territory that makes provision for or in relation to requiring or permitting electronic forms of documents to be produced, in accordance with particular information technology requirements:
(a) on a particular kind of data storage device; or
(b) by means of a particular kind of electronic communication.
11 Retention of information and documents (1) If, under a law of the Territory, a person is required to record information in writing, the requirement is taken to have been met if the person records the information in electronic form where:
(a) at the time of the recording of the information, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and
(b) if the regulations require that the information be recorded on a particular kind of data storage device – the requirement has been met.
(2) If, under a law of the Territory, a person is required to retain, for a particular period, a document that is in the form of paper, an article or other material, the requirement is taken to have been met if the person retains, or causes another person to retain, an electronic form of the document throughout that period where:
(a) having regard to all the relevant circumstances at the time of the generation of the electronic form of the document, the method of generating the electronic form of the document provided a reliable means of assuring the maintenance of the integrity of the information contained in the document; and
(b) at the time of the generation of the electronic form of the document, it was reasonable to expect that the information contained in the electronic form of the document would be readily accessible so as to be useable for subsequent reference; and
(c) if the regulations require that the electronic form of the document be retained on a particular kind of data storage device – the requirement of the regulations has been met throughout that period.
(3) For subsection (2), the integrity of information contained in a document is maintained only if the information has remained complete and unaltered, apart from:
(a) the addition of an endorsement; or
(b) an immaterial change;
which arises in the normal course of communication, storage or display.
(4) If, under a law of the Territory, a person (
the first person ) is required to retain, for a particular period, information that was the subject of an electronic communication, the requirement is taken to have been met if the first person retains, or causes another person to retain, in electronic form, the information throughout that period where:(a) at the time of commencement of the retention of the information, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and
(b) having regard to all the relevant circumstances at the time of commencement of the retention of the information, the method of retaining the information in electronic form provided a reliable means of assuring the maintenance of the integrity of the information contained in the electronic communication; and
(c) throughout that period, the first person also retains, or causes the other person to retain, in electronic form, the additional information obtained by the first person that is sufficient to enable the identification of the following:
(i) the origin of the electronic communication;
(ii) the destination of the electronic communication;
(iii) the time when the electronic communication was sent;
(iv) the time when the electronic communication was received; and
(d) at the time of commencement of the retention of the additional information mentioned in paragraph (c), it was reasonable to expect that the additional information would be readily accessible so as to be useable for subsequent reference; and
(e) if the regulations require that the information be retained on a particular kind of data storage device – the requirement of the regulations has been met throughout that period.
(5) For subsection (4), the integrity of information that was the subject of an electronic communication is maintained only if the information has remained complete and unaltered, apart from:
(a) the addition of an endorsement; or
(b) an immaterial change;
which arises in the normal course of communication, storage or display.
(1) For the purposes of a law of the Territory, unless otherwise agreed between the originator and the addressee of an electronic communication, the time of dispatch of the electronic communication is:
(a) the time when the electronic communication leaves an information system under the control of the originator or of the party who sent it on behalf of the originator; or
(b) if the electronic communication has not left an information system under the control of the originator or of the party who sent it on behalf of the originator – the time when the electronic communication is received by the addressee.
Note for paragraph (b) Paragraph (b) would apply to a case where the parties exchange electronic communications through the same information system. (2) Subsection (1) applies even though the place where the information system supporting an electronic address is located may be different from the place where the electronic communication is taken to have been dispatched under section 13B.
(1) For the purposes of a law of the Territory, unless otherwise agreed between the originator and the addressee of an electronic communication:
(a) the time of receipt of the electronic communication is the time when the electronic communication becomes capable of being retrieved by the addressee at an electronic address designated by the addressee; or
(b) the time of receipt of the electronic communication at another electronic address of the addressee is the time when both:
(i) the electronic communication has become capable of being retrieved by the addressee at that address; and
(ii) the addressee has become aware that the electronic communication has been sent to that address.
(2) For subsection (1), unless otherwise agreed between the originator and the addressee of the electronic communication, it is to be assumed that the electronic communication is capable of being retrieved by the addressee when it reaches the addressee’s electronic address.
(3) Subsection (1) applies even though the place where the information system supporting an electronic address is located may be different from the place where the electronic communication is taken to have been received under section 13B.
(1) For the purposes of a law of the Territory, unless otherwise agreed between the originator and the addressee of an electronic communication:
(a) the electronic communication is taken to have been dispatched at the place where the originator has its place of business; and
(b) the electronic communication is taken to have been received at the place where the addressee has its place of business.
(2) For the application of subsection (1) to an electronic communication:
(a) a party’s place of business is assumed to be the location indicated by that party, unless another party demonstrates that the party making the indication does not have a place of business at that location; and
(b) if a party has not indicated a place of business and has only one place of business, it is to be assumed that that place is the party’s place of business; and
(c) if a party has not indicated a place of business and has more than one place of business, the place of business is that which has the closest relationship to the underlying transaction, having regard to the circumstances known to or contemplated by the parties at any time before or at the conclusion of the transaction; and
(d) if a party has not indicated a place of business and has more than one place of business, but paragraph (c) does not apply – it is to be assumed that the party’s principal place of business is the party’s only place of business; and
(e) if a party is an individual and does not have a place of business – it is to be assumed that the party’s place of business is the place of the party’s habitual residence.
(3) A location is not a party’s place of business merely because it is where:
(a) equipment and technology supporting an information system used by the party are located; or
(b) the information system may be accessed by other parties.
(4) The sole fact that a party makes use of a domain name or electronic address connected to a specific country does not create a presumption that its place of business is located in that country.
(1) For the purposes of a law of the Territory, unless otherwise agreed between the purported originator and the addressee of an electronic communication, the purported originator of the electronic communication is bound by the communication only if the communication was sent by, or with the authority of, the purported originator.
(2) Subsection (1) does not affect the operation of a law of the Territory that makes provision for:
(a) conduct engaged in by a person within the scope of the person’s actual or apparent authority to be attributed to another person; or
(b) a person to be bound by conduct engaged in by another person within the scope of the other person’s actual or apparent authority.
Part 2A Additional provisions applying to contracts involving electronic communications
This Part applies to the use of electronic communications in connection with the formation or performance of a contract between parties where the proper law of the contract is (or would on its formation be) the law of the Territory, and so applies:
(a) whether some of or all the parties are located within Australia or elsewhere; and
(b) whether the contract is for business purposes, personal, family or household purposes or other purposes.
(1) This section applies to a proposal to form a contract that:
(a) is made through one or more electronic communications; and
(b) is not addressed to one or more specific parties; and
(c) is generally accessible to parties making use of information systems.
(2) The proposal is to be considered as an invitation to make offers, unless it clearly indicates the intention of the party making the proposal to be bound in case of acceptance.
(3) Subsection (2) extends to proposals that make use of interactive applications for the placement of orders through information systems.
(1) This section applies to a contract formed by:
(a) the interaction of an automated message system and an individual; or
(b) the interaction of automated message systems.
(2) The contract is not invalid, void or unenforceable on the sole ground that no individual reviewed or intervened in each of the individual actions carried out by the automated message systems or the resulting contract.
(1) This section applies in relation to a statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract.
(2) If:
(a) an individual makes an input error in an electronic communication exchanged with the automated message system of another party; and
(b) the automated message system does not provide the individual with an opportunity to correct the error;
the individual, or the party on whose behalf the individual was acting, has the right to withdraw the portion of the electronic communication in which the input error was made.
(3) However, the right of withdrawal of a portion of the electronic communication can be exercised only if:
(a) the individual, or the party on whose behalf the individual was acting, notifies the other party of the error as soon as possible after having learned of the error and indicates that he or she made an error in the electronic communication; and
(b) the individual, or the party on whose behalf the individual was acting, has not used or received any material benefit or value from the goods or services, if any, received from the other party.
(4) The right of withdrawal of a portion of the electronic communication is not of itself a right to rescind or otherwise terminate a contract.
(5) Any consequences of the exercise of the right of withdrawal of a portion of the electronic communication are to be determined in accordance with any applicable rule of law.
Note for section 14D In some circumstances the withdrawal of a portion of an electronic communication may invalidate the entire communication or render it ineffective for the purposes of contract formation (see paragraph 241 of the UNCITRAL explanatory note for the United Nations Convention on the Use of Electronic Communications in International Contracts).
(1) Subject to subsection (2), sections 7 and 13 to 13B apply to the following in the same way as they apply to a transaction or electronic communication mentioned in those sections, and apply as if the words "For the purposes of a law of the Territory" were omitted:
(a) a transaction constituted by or relating to a contract;
(b) an electronic communication relating to the formation or performance of a contract.
(2) However, this Part (including subsection (1)) does not apply in relation to a contract to the extent that:
(a) Part 2 would of its own force have the same effect as this Part if this Part applied; or
(b) a law of another State or Territory (that is in substantially the same terms as Part 2) would of its own force have the same effect as this Part if this Part applied.
Note for section 14E This section applies provisions of Part 2 to contracts or proposed contracts to the extent that those provisions do not apply merely because they are expressed to apply in relation to a law of the Territory. This section also disapplies the provisions of Part 2A to the extent that Part 2 would apply of its own force. An example where Part 2 may not apply of its own force is where a contract is being negotiated in a State or Territory from a supplier located overseas.
The Administrator may make regulations under this Act.
(1) Regulations made under this Act before the commencement of section 6A and in force immediately before that commencement have effect as if that section had been in force when they were made.
(2) Subject to subsection (3):
(a) section 14B extends to proposals made before the commencement date; and
(b) section 14C extends to actions carried out before the commencement date; and
(c) section 14D extends to statements, declarations, demands, notices or requests, including offers and the acceptance of offers, made or given before the commencement date.
(3) Subsection (2) and Part 2A do not apply in relation to contracts formed before the commencement date.
(4) In this section:
commencement date means the date of commencement of Part 2A.
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 14 December 2000 |
Commenced | 13 June 2001 ( |
Assent date | 18 April 2011 |
Commenced | 23 May 2011 ( |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
pt 1 hdg amd No. 12, 2011, s 15
s 3 amd No. 12, 2011, s 15
s 4 amd No. 12, 2011, s 4
s 5 amd No. 12, 2011, s 5
s 6A ins No. 12, 2011, s 6
pt 2
div 1 hdg amd No. 12, 2011, s 15
s 7 amd No. 12, 2011, s 7
pt 2
div 2 hdg amd No. 12, 2011, s 15
s 8 amd No. 12, 2011, s 15
s 9 amd No. 12, 2011, s 8
ss 10 – 11 amd No. 12, 2011, s 15
s 12 rep No. 12, 2011, s 9
pt 2
div 3 hdg amd No. 12, 2011, s 15
s 13 sub No. 12, 2011, s 10
ss 13A – 13B ins No. 12, 2011, s 10
s 14 amd No. 12, 2011, s 11
pt 2A hdg ins No. 12, 2011, s 12
ss 14A – 14E ins No. 12, 2011, s 12
pt 3 hdg amd No. 12, 2011, s 15
s 15 sub No. 12, 2011, s 13
pt 4 hdg ins No. 12, 2011, s 14
s 16 ins No. 12, 2011, s 14
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