Year 2000 Information Disclosure Act 1999 (SA)

South Australia

Year 2000 Information Disclosure Act 1999

An Act to encourage the voluntary disclosure and exchange of information about year 2000 computer problems and remediation efforts; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Year 2000 Information Disclosure Act 1999.

3Interpretation

1. (1)

   In this Act, unless the contrary intention appears—

acquire, in relation to goods or services, has the same meaning as in the Trade Practices Act 1974 of the Commonwealth;

arrive at, in relation to an understanding, includes reach or enter into;

civil action means a civil action in a court, and includes a civil proceeding in a court;

Commonwealth Act means the Year 2000 Information Disclosure Act 1999 of the Commonwealth;

consequences includes potential consequences;

corresponding law means a law of the Commonwealth, another State or a Territory that corresponds to this Act;

data storage device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device;

electronic communication of speech means a communication of speech by means of guided and/or unguided electronic energy (for example, a telephone call or a radio broadcast);

electronic communication of writing means a communication of writing by means of guided and/or unguided electromagnetic energy (for example, a facsimile transmission or electronic mail);

goods has the same meaning as in the Trade Practices Act 1974 of the Commonwealth;

implications includes potential implications;

original Year 2000 disclosure statement has the meaning given by section 6;

problems includes potential problems;

republished Year 2000 disclosure statement has the meaning given by section 7;

services has the same meaning as in the Trade Practices Act 1974 of the Commonwealth;

statement includes—

1. (a)

   a distinct part of a statement; and

2. (b)

   a statement made to the public or a section of the public;

supply has the same meaning as in the Trade Practices Act 1974 of the Commonwealth;

Year 2000 disclosure statement has the meaning given by section 5;

Year 2000 processing means the processing (including calculating, comparing, sequencing, displaying or storing), transmitting or receiving of date data (whether or not the date data relates to the year 2000).

1. (2)

   Words and expressions used in the Commonwealth Act and in this Act have the same respective meanings in this Act as they have in the Commonwealth Act except to the extent that the intention, context or subject matter otherwise appears, indicates or requires.

4Crown to be bound

This Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, in all its other capacities.

Part 2Year 2000 disclosure statements5Year 2000 disclosure statements

For the purposes of this Act, a Year 2000 disclosure statement is—

1. (a)

   an original Year 2000 disclosure statement (see section 6); or

2. (b)

   a republished Year 2000 disclosure statement (see section 7).

6Original Year 2000 disclosure statements

1. (1)

   For the purposes of this Act, an original Year 2000 disclosure statement is a statement that—

   1. (a)

      relates solely to any or all of the following:

      1. (i)

         Year 2000 processing;

      2. (ii)

         the detection of problems relating to Year 2000 processing;

      3. (iii)

         the prevention of problems relating to Year 2000 processing;

      4. (iv)

         the remediation of problems relating to Year 2000 processing;

      5. (v)

         the consequences or implications, for the supply of goods or services, of problems relating to Year 2000 processing;

      6. (vi)

         contingency planning, risk management, remediation efforts or other arrangements for dealing with consequences or implications referred to in subparagraph (v);

      7. (vii)

         the consequences or implications, for the activities or capabilities of a person, of problems relating to Year 2000 processing;

      8. (viii)

         contingency planning, risk management, remediation efforts or other arrangements for dealing with consequences or implications referred to in subparagraph (vii); and

   2. (b)

      includes words to the effect that the statement is a Year 2000 disclosure statement for the purposes of this Act or a corresponding law; and

   3. (c)

      includes words to the effect that a person may be protected by this Act or a corresponding law from liability for the statement in certain circumstances; and

   4. (d)

      is made after the commencement of this section and before 1 July 2001; and

   5. (e)

      identifies the person who authorised the statement; and

   6. (f)

      satisfies one of the following conditions:

      1. (i)

         the statement is made in writing;

      2. (ii)

         the statement is made in a data storage device and is capable of being reproduced in writing from that device (with or without the aid of any other article or device);

      3. (iii)

         the statement is made by way of an electronic communication of writing.

2. (2)

   The subparagraphs of subsection (1)(a) do not limit each other.

3. (3)

   A statement is taken to comply with subsection (1)(b) and (c) if the statement includes the following words:

   This statement is a Year 2000 disclosure statement for the purposes of the Year 2000 Information Disclosure Act 1999. A person may be protected by that Act from liability for this statement in certain circumstances.

7Republished Year 2000 disclosure statements

For the purposes of this Act, a republished Year 2000 disclosure statement is a statement that—

1. (a)

   consists of the republication, retransmission, reproduction, recital or reading aloud of the whole of an original Year 2000 disclosure statement; and

2. (b)

   is made after the commencement of this section and before 1 July 2001; and

3. (c)

   is made:

   1. (i)

      orally; or

   2. (ii)

      in writing; or

   3. (iii)

      in a data storage device; or

   4. (iv)

      by way of an electronic communication of writing; or

   5. (v)

      by way of an electronic communication of speech.

Part 3Protection from civil liability8Protection from civil actions

1. (1)

   No civil action lies against a person for or in relation to any matter or thing arising out of, or incidental to, the making of a Year 2000 disclosure statement.

2. (2)

   A Year 2000 disclosure statement is not admissible as evidence against a person in a civil action to which the person is a party.

9Exceptions

1. (1)

   The rules in section 8 do not apply to a person (the first person) if—

   1. (a)

      the Year 2000 disclosure statement is false or misleading in a material particular and the first person—

      1. (i)

         knew that the statement was false or misleading in a material particular; or

      2. (ii)

         was reckless as to whether the statement was false or misleading in a material particular; or

   2. (b)

      all of the following conditions are satisfied:

      1. (i)

         the Year 2000 disclosure statement was made to another person (otherwise than in the other person's capacity as a member of the public or of a section of the public) in connection with the formation of a contract;

      2. (ii)

         the other person, or a representative of the other person, is a party to the civil action;

      3. (iii)

         the civil action relates to the contract.

2. (2)

   The rules in section 8 do not apply to a Year 2000 disclosure statement if—

   1. (a)

      the Year 2000 disclosure statement was made in fulfilment of an obligation imposed under a contract; or

   2. (b)

      the Year 2000 disclosure statement was made in fulfilment of an obligation imposed under a law of the Commonwealth, a State or a Territory.

3. (3)

   The rules in section 8 do not apply to a civil action if—

   1. (a)

      all of the following conditions are satisfied:

      1. (i)

         a purpose for making the Year 2000 disclosure statement was to induce persons to acquire goods or services identified in the statement;

      2. (ii)

         any of those persons acquired the goods or services as a consumer;

      3. (iii)

         the consumer concerned, or a representative of the consumer concerned, is a party to the civil action;

      4. (iv)

         the civil action relates to the goods or services acquired by the consumer; or

   2. (b)

      all of the following conditions are satisfied:

      1. (i)

         a purpose for making the Year 2000 disclosure statement was made to induce a particular consumer to acquire goods or services identified in the statement;

      2. (ii)

         the consumer acquired the goods or services;

      3. (iii)

         the consumer, or a representative of the consumer, is a party to the civil action;

      4. (iv)

         the civil action relates to the goods or services acquired by the consumer.

4. (4)

   The rules in section 8 do not apply to a civil action to the extent to which—

   1. (a)

      the civil action consists of proceedings for a restraining injunction or for declaratory relief; or

   2. (b)

      the civil action consists of proceedings instituted by a person or body under a law of the Commonwealth, a State or a Territory—

      1. (i)

         in the performance of a regulatory or enforcement function conferred on the person or body by such a law; or

      2. (ii)

         in the exercise of a regulatory or enforcement power conferred on the person or body by such a law; or

   3. (c)

      the civil action is an action for infringement of copyright, a trade mark, a design or a patent.

5. (5)

   The paragraphs of subsections (1), (2), (3) and (4) do not limit each other.

6. (6)

   Section 4B of the Trade Practices Act 1974 of the Commonwealth applies for the purposes of subsection (3)(a) and (b) of this section in a corresponding way to the way in which it applies for the purposes of the Trade Practices Act 1974 of the Commonwealth.

7. (7)

   For the purposes of subsection (6), it is to be assumed that a reference in section 4B of the Trade Practices Act 1974 of the Commonwealth to services does not include a reference to financial services (within the meaning of that Act).

8. (8)

   Section 12BC of the Australian Securities and Investments Commission Act 1989 of the Commonwealth applies for the purposes of subsection (3)(a) and (b) of this section in a corresponding way to the way in which it applies for the purposes of Division 2 of Part 2 of that Act.

10False or misleading statement exception – explanatory statement to be given

1. (1)

   If a civil action is instituted against a person (the first person) by another person (the second person), the first person is not entitled to plead or otherwise rely on the rule in section 8(1) unless—

   1. (a)

      the first person gives the second person a statement (the explanatory statement) to the effect that the first person believes that the exception set out in section 9(1)(a) is not applicable; and

   2. (b)

      the explanatory statement sets out the grounds for that belief; and

   3. (c)

      the explanatory statement satisfies one of the following conditions:

      1. (i)

         the explanatory statement is made in writing;

      2. (ii)

         the explanatory statement is made in a data storage device and is capable of being reproduced in writing from that device (with or without the aid of any other article or device);

      3. (iii)

         the explanatory statement is made by way of an electronic communication of writing.

2. (2)

   If the first person gives the second person an explanatory statement as mentioned in subsection (1), the explanatory statement is not admissible in any civil action except for the purposes of determining whether subsection (1) has been complied with.

3. (3)

   The second person may waive compliance with subsection (1).

11False or misleading statement exception – imputed knowledge

1. (1)

   If, in any proceedings arising out of section 9(1)(a), it is necessary to establish—

   1. (a)

      whether a corporation knew that a Year 2000 disclosure statement was false or misleading in a material particular; or

   2. (b)

      whether a corporation was reckless as to whether a Year 2000 disclosure statement was false or misleading in a material particular,

it is sufficient to show that—

1. (c)

   a director, employee or agent of the corporation engaged in conduct in relation to the Year 2000 disclosure statement; and

2. (d)

   the director, employee or agent was, in engaging in that conduct, acting within the scope of his or her actual or apparent authority; and

3. (e)

   the director, employee or agent—

   1. (i)

      knew that the Year 2000 disclosure statement was false or misleading in a material particular; or

   2. (ii)

      was reckless as to whether the Year 2000 disclosure statement was false or misleading in a material particular,

as the case may be.

1. (2)

   If, in any proceedings arising out of section 9(1)(a), it is necessary to establish—

   1. (a)

      whether a person other than a corporation knew that a Year 2000 disclosure statement was false or misleading in a material particular; or

   2. (b)

      whether a person other than a corporation was reckless as to whether a Year 2000 disclosure statement was false or misleading in a material particular,

it is sufficient to show that—

1. (c)

   an employee or agent of the person engaged in conduct in relation to the Year 2000 disclosure statement; and

2. (d)

   the employee or agent was, in engaging in that conduct, acting within the scope of his or her actual or apparent authority; and

3. (e)

   the employee or agent—

   1. (i)

      knew that the Year 2000 disclosure statement was false or misleading in a material particular; or

   2. (ii)

      was reckless as to whether the Year 2000 disclosure statement was false or misleading in a material particular,

as the case may be.

1. (3)

   A reference in this section to a director includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.

Part 4Presumption against amendment of contracts12Presumption against amendment of contracts

1. (1)

   The making of a Year 2000 disclosure statement is taken not to amend, alter or vary a contract unless—

   1. (a)

      both—

      1. (i)

         the parties to the contract have expressly agreed to the amendment, alteration or variation; and

      2. (ii)

         that agreement satisfies one of the conditions set out in subsection (2); or

   2. (b)

      the contract expressly provides for the amendment, alteration or variation by way of the making of a Year 2000 disclosure statement.

2. (2)

   The conditions referred to in subsection (1)(a)(ii) are as follows:

   1. (a)

      the agreement is made in writing;

   2. (b)

      the agreement is embodied in a data storage device and is capable of being reproduced in writing from that device (with or without the aid of any other article or device);

   3. (c)

      the agreement is made by way of one or more electronic communications of writing.

3. (3)

   No action under this section can affect the operation of a condition or warranty that is taken to form part of a contract by virtue of the provisions of another Act.

Part 5Exemption from section 45 of the Competition Code

13Exemption from section 45 of the Competition Code

1. (1)

   Section 45 of the Competition Code of South Australia does not apply to or in relation to—

   1. (a)

      a contract or arrangement made—

      1. (i)

         after the commencement of this section; and

      2. (ii)

         before 1 July 2001; or

   2. (b)

      an understanding arrived at—

      1. (i)

         after the commencement of this section; and

      2. (ii)

         before 1 July 2001,

to the extent to which the contract, arrangement or understanding provides for the disclosure and/or exchange of information, by any or all of the parties to the contract, arrangement or understanding, for the sole purpose of facilitating any or all of the following:

1. (c)

   the detection of problems relating to Year 2000 processing;

2. (d)

   the prevention of problems relating to Year 2000 processing;

3. (e)

   the remediation of problems relating to Year 2000 processing;

4. (f)

   awareness of the consequences or implications, for the supply of goods or services, of problems relating to Year 2000 processing;

5. (g)

   contingency planning, risk management, remediation efforts or other arrangements for dealing with consequences or implications referred to in paragraph (f);

6. (h)

   awareness of the consequences or implications, for the activities or capabilities of a person, of problems relating to Year 2000 processing;

7. (i)

   contingency planning, risk management, remediation efforts or other arrangements for dealing with consequences or implications referred to in paragraph (h).

1. (2)

   Section 45 of the Competition Code of South Australia does not apply to or in relation to—

   1. (a)

      a contract or arrangement proposed to be made—

      1. (i)

         after the commencement of this section; and

      2. (ii)

         before 1 July 2001; or

   2. (b)

      an understanding proposed to be arrived at—

      1. (i)

         after the commencement of this section; and

      2. (ii)

         before 1 July 2001,

to the extent to which the proposed contract, arrangement or understanding would provide for the disclosure and/or exchange of information, by any or all of the parties to the proposed contract, arrangement or understanding, for the sole purpose of facilitating any or all of the following:

1. (c)

   the detection of problems relating to Year 2000 processing;

2. (d)

   the prevention of problems relating to Year 2000 processing;

3. (e)

   the remediation of problems relating to Year 2000 processing;

4. (f)

   awareness of the consequences or implications, for the supply of goods or services, of problems relating to Year 2000 processing;

5. (g)

   contingency planning, risk management, remediation efforts or other arrangements for dealing with consequences or implications referred to in paragraph (f);

6. (h)

   awareness of the consequences or implications, for the activities or capabilities of a person, of problems relating to Year 2000 processing;

7. (i)

   contingency planning, risk management, remediation efforts or other arrangements for dealing with consequences or implications referred to in paragraph (h).

Part 6Miscellaneous

14Quarterly reports about Year 2000 processing issues relating to State agencies

1. (1)

   The Minister must, at least once in each quarter, cause to be laid before both Houses of Parliament a report about the progress of State agencies in detecting, preventing and remedying problems relating to Year 2000 processing.

2. (2)

   In this section—

quarter means—

1. (a)

   the period of three months beginning on the day on which the Governor makes a proclamation bringing this section into operation; and

2. (b)

   each subsequent period of three months, being a period that begins before 1 July 2001;

State agency means—

1. (a)

   an administrative unit established under the Public Sector Management Act 1995; or

2. (b)

   an agency or instrumentality of the Crown, except where the functions of the agency or instrumentality are wholly or primarily commercial functions.

15Regulations

The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

Legislative history

Notes

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of Act

  The Year 2000 Information Disclosure Act 1999 was repealed by s 146 of the Statutes Amendment and Repeal (Simplify) Act 2017 on 15.3.2017.

  Principal Act

  Year	No	Title	Assent	Commencement
  1999	29	Year 2000 Information Disclosure Act 1999	1.4.1999	27.2.1999 (Gazette 6.5.1999 p2394)

  Provisions amended

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  Pt 1
  s 2	omitted under Legislation Revision and Publication Act 2002