Electronic Transactions Regulations 2020 (Cth)

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Electronic Transactions Regulations 2020

made under the

Electronic Transactions Act 1999

Compilation No. 7

Compilation date:1 November 2025

Includes amendments:F2025L01239

About this compilation

This compilation

This is a compilation of the Electronic Transactions Regulations 2020 that shows the text of the law as amended and in force on 1 November 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register ( saving and transitional provisions

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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

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. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1Name

This instrument is the Electronic Transactions Regulations 2020.

3Authority

This instrument is made under the Electronic Transactions Act 1999.

5Definitions

In this instrument:

Act means the Electronic Transactions Act 1999.

6Exemptions from the Act

For the purposes of subsection 7A(2) of the Act, Schedule 1 specifies provisions of the Act that do not apply to specified laws of the Commonwealth.

Schedule 1Laws of the Commonwealth to which certain provisions of the Act do not apply

Note: See section 6.

1Laws of the Commonwealth to which certain provisions of the Act do not apply

A provision of the Act specified in column 2 of an item in the following table does not apply to the Commonwealth law specified in column 1 of the item.

Item

Column 1

Commonwealth law

Column 2

Provisions of the Act

1

Subordinate legislation made under the A New Tax System (Family Assistance) Act 1999

Sections 9, 10 and 11

2

A New Tax System (Family Assistance) Act 1999, Division 2 of Part 2

Sections 9, 10 and 11

3

A New Tax System (Family Assistance) (Administration) Act 1999, Part 3, Division 2 of Part 5, Division 1 of Part 6, Part 8, Division 1 of Part 8A and Part 8B

Sections 9, 10 and 11

4

Subordinate legislation made under the A New Tax System (Family Assistance) (Administration) Act 1999

Sections 9, 10 and 11

7

Australian Crime Commission Act 2002, subsections 21A(1), 28(1) and 28(4)

Section 11

10

Australian Securities and Investments Commission Act 2001

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

11

Subordinate legislation made under the Australian Securities and Investments Commission Act 2001

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

12

The following provisions of the Banking Act 1959:

(a) subsections 13(1), 13B(1), 14A(2), 16AK(1) and 16B(1);

(b) section 61A;

(c) subsection 62(1);

(d) section 62E

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

13

Bills of Exchange Act 1909

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

16

Cheques Act 1986

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

17

Subordinate legislation made under the Cheques Act 1986

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

18

Child Support (Assessment) Act 1989, Part 6A

Sections 9, 10 and 11

19

The following provisions of the Commonwealth Electoral Act 1918:

(a) section 115;

(b) Part XV (other than sections 184 and 184A, subparagraphs 194(1A)(a)(ii) and (iii) and paragraph 194(1A)(d));

(c) Part XVA (other than subsections 200BA(1) and (1A));

(d) Part XVI (other than subsections 202A(1), (2), (4) and (5) and 227(4))

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

20

Commonwealth Inscribed Stock Act 1911

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

21

Subordinate legislation made under the Commonwealth Inscribed Stock Act 1911

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

22

Competition and Consumer Act 2010, sections 44ZH, 95ZK, 95S, 133D, 155 and 155A

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

23

Corporations Act 2001

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

24

Subordinate legislation made under the Corporations Act 2001

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

25

Customs Act 1901, sections 42, 71DA, 114A, 117, 162 and 162A

Sections 9, 10 and 11

26

The following provisions of the Customs Act 1901:

(a) section 64AE;

(b) paragraph 124(1)(a);

(c) subsection 214B(4)

Section 11

27

Customs (Prohibited Imports) Regulations 1956, regulation 4MA

Section 11

28

Customs Regulation 2015, section 27

Sections 9 and 10

29

Customs Regulation 2015, section 94

Sections 10 and 11

30

Customs Regulation 2015, section 99

Sections 9, 10 and 11

35

Farm Household Support Act 2014

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

36

Health Insurance Act 1973, sections 89B, 105A and 106B

Section 11

37

The following provisions of the Insurance Act 1973:

(a) section 49;

(b) subsection 55(1);

(c) paragraphs 62C(1)(a) and 62C(2)(a);

(d) subsections 62ZD(1), 62ZOD(2), 62ZT(1), 62ZZP(1) and 77(1);

(e) paragraph 81(2)(a);

(f) sections 92H, 115 and 115AA

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

42

The following provisions of the Life Insurance Act 1995:

(a) sections 88B, 98B, 131, 132, 141 and 170;

(b) subsection 179AD(2);

(c) section 185

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

43

Maritime Powers Act 2013, section 57

Section 11

44

Migration Act 1958, subsections 379A(5), 441A(5) and 494B(5)

Sections 14, 14A and 14B

45

Migration Regulations 1994, paragraphs 2.55(3)(d), 2.55(3A)(d) and 2.55(3A)(f)

Sections 14, 14A and 14B

49

Mutual Assistance in Business Regulation Act 1992, subsections 10(2) and 10(3) and section 17

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

52

The following provisions of Schedule 1 to the National Consumer Credit Protection Act 2009:

(a) section 88;

(b) paragraph 99(1)(b);

(c) subsection 102(1);

(d) paragraphs 130(5)(a) and 130(6)(a);

(e) subsection 178(1);

(f) a provision that provides that duty is charged on a transaction only if the transaction is effected or evidenced by an instrument or document in hard copy form;

(g) a provision that provides that duty is charged on an instrument only if the instrument is in hard copy form

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

53

The following provisions of the National Consumer Credit Protection Regulations 2010:

(a) paragraphs 87(a) and 87(c);

(b) a provision that provides that duty is charged on a transaction only if the transaction is effected or evidenced by an instrument or document in hard copy form;

(c) a provision that provides that duty is charged on an instrument only if the instrument is in hard copy form

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

59

Paid Parental Leave Act 2010, Parts 2‑4, 3‑5, 3A‑4, 4‑1, 5‑2, 5‑3 and 6‑2

Sections 9, 10 and 11

60

Subordinate legislation made under the Paid Parental Leave Act 2010

Sections 9, 10 and 11

63

Private Health Insurance (Prudential Supervision) Act 2015, sections 13, 36, 73, 112, 128, 129 and 132

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

67

Protection of the Sea (Harmful Anti‑fouling Systems) Act 2006, subsection 16(4) and paragraphs 17(2)(g), 17(2)(h) and 17(2)(i)

Section 11

69

Protection of the Sea (Prevention of Pollution from Ships) Act 1983, subsection 11A(3)

Sections 9 and 12

78

The following provisions of the Referendum (Machinery Provisions) Act 1984:

(a) Part III (other than subsections 16A(1), (2), (4) and (5) and 51(4));

(b) Part IV (other than subparagraphs 65(1A)(a)(ii) and (iii) and paragraph 65(1A)(d));

(c) Part IVA (other than subsections 73AA(1) and (1A))

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

81

Retirement Savings Accounts Act 1997, sections 92, 93 and 100

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

82

Shipping Registration Act 1981

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

83

Shipping Registration Regulations 2019

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

84

Subordinate legislation made under the Social Security Act 1991

Sections 9, 10 and 11

85

Social Security (Administration) Act 1999, Divisions 1 and 6 of Part 3 and Division 1 of Part 5

Sections 9, 10 and 11

86

Subordinate legislation made under the Social Security (Administration) Act 1999

Sections 9, 10 and 11

87

Subordinate legislation made under the Social Security (International Agreements) Act 1999

Sections 9, 10 and 11

88

Statutory Declarations Act 1959

Section 10

89

Superannuation Industry (Supervision) Act 1993, other than the following provisions:

(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, 29WB and 35B;

(fa) subsections 60C(3) and (4);

(g) subsections 68AAA(2), 68AAB(2) and 68AAC(2);

(h) section 99FA

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

90

Subordinate legislation made under the Superannuation Industry (Supervision) Act 1993, other than the following provisions:

(b) prudential standards made under section 34C of that Act;

(c) regulations 9.46 and 9.46A and subregulations 9AB.5(8), 9AB.7(6), 9AB.10(6) and (8), 9AB.12(6), 9AB.14(11) and 9AB.15(2) of the Superannuation Industry (Supervision) Regulations 1994

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

91

Torres Strait Regional Authority (Election of Officeholders) Regulations 2019, sections 7 and 14

Subsection 8(1), Division 2 of Part 2 and sections 14, 14A, 14B and 15

Endnotes

Endnote 1About the endnotes

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

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

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.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = Sub‑Chapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

Endnote 3Legislation history

Name

Registration

Commencement

Application, saving and transitional provisions

Electronic Transactions Regulations 2020

29 July 2020 (F2020L00956)

30 July 2020 (s 2(1) item 1)

Electoral Legislation Amendment (Miscellaneous Measures) Regulations 2021

19 Apr 2021 (F2021L00461)

sch 1 (items 25‑27): 20 Apr 2021 (s 2(1) item 1)

—

Financial Sector Reform (Hayne Royal Commission Response—Advice Fees) Regulations 2021

14 May 2021 (F2021L00581)

sch 2: 1 July 2021 (s 2(1) item 3)

—

Electronic Transactions Amendment Regulations 2021

10 Jan 2022 (F2022L00021)

11 Jan 2022 (s 2(1) item 1)

—

Electronic Transactions Amendment Regulations 2022

7 Apr 2022 (F2022L00550)

8 Apr 2022 (s 2(1) item 1)

—

Superannuation Industry (Supervision) Amendment (Your Future, Your Super—Addressing Underperformance in Superannuation) Regulations 2023

3 Aug 2023 (F2023L01063)

sch 2: 4 Aug 2023 (s 2(1) item 1)

—

Electronic Transactions Amendment Regulations 2024

16 Sept 2024 (F2024L01147)

17 Sept 2024 (s 2(1) item 1)

—

Treasury Laws Amendment (Delivering Better Financial Outcomes) Regulations 2024

16 Sept 2024 (F2024L01152)

sch 1 (item 1): 17 Sept 2024 (s 2(1) item 2)

—

Aged Care Legislation Consequential Amendments Regulations 2025

9 Oct 2025 (F2025L01239)

sch 1: 1 Nov 2025 (s 2(1) item 1)

—

Endnote 4Amendment history

Provision affected

How affected

s 2.............................................

rep LA s 48D

s 4.............................................

rep LA s 48C

Schedule 1

cl 1............................................

am F2021L00461; F2021L00581; F2022L00021; F2022L00550; F2023L01063; F2024L01147; F2024L01152; F2025L01239

Schedule 2..................................

rep LA s 48C

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