Electronic Transactions Regulation 2017 (NSW)

Does not include amendments by—

Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (not commenced)

1Name of Regulation

This Regulation is the Electronic Transactions Regulation 2017.

2Commencement

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This Regulation repeals and replaces the Electronic Transactions Regulation 2012, which would otherwise be repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definitions(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.

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—

• (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.

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—

• (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.

8Definition of “court”—the Act, Schedule 1, clause 1(1)

For the purposes of the Act, Schedule 1, the following bodies are declared to be courts—

• (a)

  Civil and Administrative Tribunal,

• (b)

  Dust Diseases Tribunal,

• (c)

  Industrial Relations Commission,

• (d)

  Personal Injury Commission.

cl 8: Am 2020 No 18, Sch 6.3[1] [2]. Subst 2021 (382), cl 3.

8A

(Repealed)

cl 8A: Ins 2020 (169), Sch 1[1]. Rep 2020 No 24, Sch 1.6[1].

8B

(Repealed)

cl 8B: Ins 2020 (562), Sch 1.9. Rep 2023 No 7, Sch 2.24.

9Repeal 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].

Historical notesTable of amending instruments

Electronic Transactions Regulation 2017 (439). LW 25.8.2017. Date of commencement, on publication on LW, cl 2. This Regulation has been amended as follows—

2020	(169)	Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020. LW 22.4.2020. Date of commencement, on publication on LW, cl 2.
No 18	Personal Injury Commission Act 2020. Assented to 11.8.2020. Date of commencement of Sch 6.3, 1.3.2021, sec 2(3) and 2020 (729) LW 18.12.2020.
(562)	Stronger Communities Legislation Amendment (COVID-19) Regulation 2020. LW 18.9.2020. Date of commencement, on publication on LW, cl 2.
No 24	Stronger Communities Legislation Amendment (Courts and Civil) Act 2020. Assented to 28.9.2020. Date of commencement of Sch 1.6, assent, sec 2(1).
2021	(382)	Electronic Transactions Amendment (DDT and IRC) Regulation 2021. LW 16.7.2021. Date of commencement, on publication on LW, cl 2.
2023	No 7	Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2.

Table of amendments

Cl 8	Am 2020 No 18, Sch 6.3[1] [2]. Subst 2021 (382), cl 3.
Cl 8A	Ins 2020 (169), Sch 1[1]. Rep 2020 No 24, Sch 1.6[1].
Cl 8B	Ins 2020 (562), Sch 1.9. Rep 2023 No 7, Sch 2.24.
Sch 1	Ins 2020 (169), Sch 1[2]. Rep 2020 No 24, Sch 1.6[2].