Electronic Transactions Regulation 2001 (NSW)

1Name of Regulation

This Regulation is the Electronic Transactions Regulation 2001.

2Commencement

This Regulation commences on 7 December 2001.

3Definitions

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.

4Certain 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:

• •

  Conveyancing Act 1919, section 23C

• •

  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.

5Certain 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.

6Certain 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.

7Certain 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:

• •

  Conveyancing Act 1919, section 23C

• •

  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.

8Definition 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.