Electronic Transactions Regulations 2000 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
These Regulations are the
Electronic Transactions Regulations 2000 .
In these Regulations:
Act means theElectronic Transactions Act 1999 .
For subsection 7A(2) of the Act, a provision of the Act specified in column 3 of an item of Schedule 1 does not apply to the Commonwealth law specified in column 2 of the item.
This Part applies to electronic communications under the
National Consumer Credit Protection Act 2009 .
In this Part:
debtor has the same meaning as in subsection 204(1) of Schedule 1 to theNational Consumer Credit Protection Act 2009 .
guarantor has the same meaning as in subsection 204(1) of Schedule 1 to theNational Consumer Credit Protection Act 2009 .
mortgage has the same meaning as in subsection 5(1) of theNational Consumer Credit Protection Act 2009 .
mortgagor has the same meaning as in subsection 5(1) of theNational Consumer Credit Protection Act 2009 .
(1) A debtor, mortgagor or guarantor may consent to the giving of documents by electronic communication only after being told that, if written consent is given:
(a) paper documents may no longer be given; and
(b) electronic communications must be regularly checked for documents; and
(c) consent to the giving of documents by electronic communication may be withdrawn at any time.
(2) A credit provider may, with the written consent of the debtor, mortgagor or guarantor, serve a notice or other document on the debtor, mortgagor or guarantor by:
(a) making the notice or other document available for a reasonable period on the credit provider’s information system for retrieval by electronic communication by the debtor, mortgagor or guarantor; and
(b) promptly notifying the debtor, mortgagor or guarantor by electronic communication that the notice or other document is available for retrieval on that information system and the nature of the notice or other document; and
(c) providing the debtor, mortgagor or guarantor with the ability to retrieve the notice or other document by electronic communication.
(3) A person, other than a debtor, mortgagor or guarantor, may consent to the giving of documents by electronic communication only after being told that, if written consent is given:
(a) paper documents may no longer be given; and
(b) electronic communications must be regularly checked for documents; and
(c) consent to the giving of documents by electronic communication may be withdrawn at any time.
(4) If a notice or other document is given by sending it to a nominated electronic address or in a manner described in this regulation:
(a) it must be in a format that allows it to be saved to an electronic file and to be printed; and
(b) at the time it was sent or was made available on the credit provider’s information system, it would have been reasonable to expect that the intended recipient would be able to save it to an electronic file and print it.
(5) A nomination or consent ceases to have effect when it is cancelled or withdrawn by the person who gave it.
A notice or other document that is sent by fax is taken to be given on the later of the following dates:
(a) the date on the notice or other document;
(b) the date indicated in a report by the transmitting fax machine that the notice or other document was transmitted to the addressee.
(regulation 4)
1 | Sections 9, 10 and 11 | ||
2 | Sections 9, 10 and 11 | ||
3 | Subordinate legislation made under the | Sections 9, 10 and 11 | |
4 | Sections 9, 10 and 11 | ||
5 | Subordinate legislation made under the | Sections 9, 10 and 11 | |
6 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
7 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
8 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
9 | Sections 9, 10 and 11 | ||
10 | Section 11 | ||
12 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
12A | Section 11 | ||
13 | Section 9 | ||
14 | Sections 9 and 10 | ||
15 | Sections 9, 10 and 11 | ||
16 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
17 | Subordinate legislation made under the | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
18 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
19 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
20 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
21 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
22 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
23 | Subordinate legislation made under the | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
24 | Sections 9, 10 and 11 | ||
25 | The following provisions of the (a) section 115; (c) Part XV (other than sections 184 and 184A); (d) Part XVA;
(f) Part XVII | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
26 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
27 | Subordinate legislation made under the | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
28 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
29 | Subordinate legislation made under the | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
30 | Corporations Law | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
31 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
32 | Sections 9, 10 and 11 | ||
33 | Section 11 | ||
34 | Sections 9 and 10 | ||
35 | Section 9 | ||
36 | Section 11 | ||
37 | Sections 9 and 10 | ||
38 | Sections 10 and 11 | ||
39 | Sections 9, 10 and 11 | ||
40 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
41 | Subordinate legislation made under the | Sections 9, 10 and 11 | |
43 | Section 11 | ||
44 | Sections 9 and 10 | ||
45 | Sections 9 and 11 | ||
46 | Sections 9, 10 and 11 | ||
47 | Sections 14, 14A and 14B | ||
48 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
49 | Sections 9, 10 and 11 | ||
50 | Sections 9 and 10 | ||
51 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
52 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
53 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
54 | Section 9 | ||
55 | Sections 9, 10 and 11 | ||
56 | Sections 14, 14A and 14B | ||
57 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
58 | Sections 9, 10 and 11 | ||
59 | Section 11 | ||
60 | Sections 9 and 10 | ||
61 | Sections 9, 10 and 11 | ||
62 | Sections 9 and 11 | ||
63 | Sections 9, 10 and 11 | ||
64 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
65 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
66 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
67 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
68 | Subordinate legislation made under the | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
73 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
74 | Sections 9 and 10 | ||
75 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
76 | International War Crimes Tribunals Regulations, subregulation 6(1) | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
77 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
78 | Subordinate legislation made under the | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
79 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
80 | Rules made under subsection 24(2) of the | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
80AA | Sections 14, 14A and 14B | ||
80AB | Sections 14, 14A and 14B | ||
80A | Sections 9, 10 and 11 | ||
81 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
82 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
83 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
84 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
85 | Mutual Assistance in Criminal Matters Regulations, subregulation 3(1) | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
86 | The following provisions of Schedule 1 to the (a) section 8; (b) paragraph 57(1)(a); (c) paragraph 57(1)(b); (d) paragraph 59(2)(a); (e) paragraph 61(1)(a); (f) paragraph 88(1)(a); (g) paragraph 88(2)(a); (h) paragraph 99(1)(b); (i) subsection 102(1); (j) paragraph 130(5)(a); (k) paragraph 130(6)(a); (l) subsection 178(1);
| Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
86A | The following provisions of the (a) paragraph 87(a); (b) paragraph 87(c);
| subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
87 | Section 11 | ||
88 | Sections 10 and 11 | ||
89 | Sections 9 and 11 | ||
90 | Sections 9, 10 and 12 | ||
91 | Sections 11 and 12 | ||
92 | Orders made under subsection 425(1AA) of the | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
93 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
94 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
95 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
96 | Subordinate legislation made under the | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
97 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
98 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
99 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
101 | Section 12 | ||
102 | Section 11 | ||
103 | Section 9 | ||
104 | Sections 9 and 11 | ||
105 | Protection of the Sea (Oil Pollution Compensation Fund) Regulations, subregulation 23(1) | Section 9 | |
106 | Protection of the Sea (Oil Pollution Compensation Fund) Regulations, subregulation 23(2) | Sections 9 and 10 | |
107 | Protection of the Sea (Oil Pollution Compensation Fund) Regulations, subregulation 23(3) | Sections 9, 10 and 11 | |
108 | Orders made under subsection 24(1) of the | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
109 | Sections 9 and 12 | ||
110 | Section 12 | ||
111 | Section 10 | ||
112 | Sections 9 and 10 | ||
113 | Sections 11 and 12 | ||
114 | Section 11 | ||
115 | Sections 9 and 11 | ||
116 | Orders made under subsection 34(1) of the | ||
Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |||
117 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
118 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
120 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
121 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
122 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
123 | Registration of Deaths Abroad Regulations | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
124 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
125 | Subordinate legislation made under the | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
126 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
128 | Section 11 | ||
130 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
131 | Shipping Registration Regulations | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
132 | Subordinate legislation made under the | Sections 9, 10 and 11 | |
133 | Sections 9, 10 and 11 | ||
134 | Subordinate legislation made under the | Sections 9, 10 and 11 | |
135 | Subordinate legislation made under the | Sections 9, 10 and 11 | |
138 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
139 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
140 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
141 | Sections 9 and 11 | ||
142 | (a) subsection 20B(1A); (b) paragraph 20B(3A)(b); (c) subsection 29E(6B); (d) subparagraph 29SAA(1)(a)(i); (e) subsection 29SAA(3); (f) sections 29WA and 29WB; (g) subparagraph 387(1)(a)(i) | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
143 | Subordinate legislation made under the
| Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
144 | Division 2 of Part 2 | ||
145 | Division 2 of Part 2 | ||
146 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
147 | Torres Strait Regional Authority (Election of Officeholders) Regulations, regulations 6 and 13 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | |
148 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
149 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
150 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
151 | Sections 9, 10 and 11 | ||
152 | Sections 9, 10 and 11 | ||
153 | Subordinate legislation made under the | Sections 9, 10 and 11 | |
157 | Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15 | ||
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA
= | Sch = Schedule(s) |
LIA
= | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
This endnote sets out details of the legislation history of
the
19, 2000 | 15 Mar 2000 | 15 Mar 2000 (r 2 and gaz 2000, GN10) | |
101, 2000 | 15 June 2000 | r 1–3 and Sch 1: 15 June 2000 (s 2(a)) Sch 2: 24 June 2000 (2 2(b)) | — |
84, 2001 | 10 May 2001 | 24 May 2001 (r 2) | — |
137, 2001 | 20 June 2001 | 1 July 2001 (r 2) | — |
263, 2001 | 5 Oct 2001 | 5 Oct 2001 (r 2) | — |
326, 2002 | 20 Dec 2002 | 1 Jan 2003 (r 2) | — |
171, 2004 | 1 July 2004 | 1 July 2004 (r 2) | — |
164, 2005 | 22 July 2005 (F2005L01902) | 1 July 2005 (r 2) | — |
111, 2007 | 11 May 2007 (F2007L01336) | 12 May 2007 (r 2) | — |
235, 2007 | 13 Aug 2007 (F2007L02443) | 14 Aug 2007 (r 2) | — |
11, 2008 | 6 Mar 2008 (F2008L00661) | 7 Mar 2008 (r 2) | — |
163, 2008 | 8 Aug 2008 (F2008L02961) | 9 Aug 2008 (r 2) | — |
96, 2010 | 25 May 2010 (F2010L01380) | 1 July 2010 (r 2) | — |
97, 2010 | 25 May 2010 (F2010L01381) | Never commenced (r 2) | — |
87, 2011 | 17 June 2011 (F2011L01070) | 22 June 2011 (r 2) | — |
169, 2013 | 15 July 2013 (F2013L01389) | Sch 1: 16 July 2013 (s 2 item 2) Sch 2: 28 Dec 2013 (s 2 item 3) | — |
170, 2013 | 15 July 2013 (F2013L01388) | 16 July 2013 (s 2) | — |
91, 2015 | 18 June 2015 (F2015L00840) | Sch 1 (items 30, 40–45): 1 July 2015 (s 2(1) item 2) | Sch 1 (items 40–45) |
Biosecurity (Consequential Amendments and Transitional Provisions) Regulation 2016 | 9 May 2016 (F2016L00717) | Sch 2 (item 11) and Sch 3: 16 June 2016 (s 2(1) item 1) | Sch 3 |
Shipping Registration (Repeal and Consequential Amendments) Regulations 2019 | 27 Feb 2019 (F2019L00210) | Sch 2 (item 1): 1 Apr 2019 (s 2(1) item 1) | — |
Electronic Transactions Amendment (Electoral Nominations) Regulations 2019 | 25 Mar 2019 (F2019L00366) | 26 Mar 2019 (s 2(1) item 1) | — |
Part 1 heading............................. | ad 2010 No 96 |
r 2............................................. | rep LA s 48D |
Part 2 heading............................. | ad 2010 No 96 |
r 4............................................. | rs 2001 No 137; 2011 No 87 |
r 5............................................. | ad 2001 No 137 |
rep 2011 No 87 | |
r 6............................................. | ad 2001 No 137 |
rep 2011 No 87 | |
r.7............................................. | ad 2001 No 137 |
rep 2011 No 87 | |
Part 3......................................... | ad 2010 No 96 |
r 8............................................. | ad 2010 No 96 |
r 9............................................. | ad 2010 No 96 |
r 10............................................ | ad 2010 No 96 |
r 11............................................ | ad 2010 No 96 |
Schedule 1 heading...................... | rs 2011 No 87 |
Schedule 1.................................. | am 2000 No 101; 2001 No 84 |
rs 2001 No 137 | |
am 2001 No 263; 2002 No 326; 2004 No 171; 2005 No 164; 2007 Nos 111 and 235; 2008 Nos 11 and 163; 2010 No 96; No 169 and 170, 2013; No 91, 2015; F2016L00717; F2019L00210; F2019L00366 |
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