1 What lawyers need to know - the Electronic Transactions Act Colin Minihan Principal Legal Officer Information and Security Law Division Attorney-General’s Dept

2 Presentation outline  the Electronic Transactions Act  issues raised by the Act  State and Territory developments  international legal developments

3 Electronic Transactions Act  background –based on international template –expert and public consultation  uniform national legislation agreed  effect - you can do business online with legal certainty

4 ET Act - principles  media neutrality –treats paper and electronic communications equally  technology neutrality –doesn’t discriminate between different forms of technology

5 ET Act - basic rule  a transaction will not be invalid merely because it took place by means of an electronic communication –transaction must satisfy any other existing legal requirements

6 ET Act - core provisions  electronic communications can satisfy existing legal requirements for: –writing –signature –production of documents –retention of information

7 ET Act - common elements  ‘readily accessible so as to be useable for subsequent reference’  consent required – Commonwealth Govt must accept communications –Commonwealth entities’ powers  operation of other laws preserved

8 ET Act - exemptions  from 1 July 2001 has applied to all Commonwealth laws subject to any exemptions  Electronic Transactions Regulations list exemptions –101 laws (Acts and regulations) exempted

9 Issues raised by the Act  electronic communication  law of the Commonwealth  IT requirements  contracting

10 E-Security and the Act  doesn’t deal with security of communications directly  should be considered in practical implementation of systems –electronic signatures

11 State and Territory Developments  enacted by NSW, Victoria, Northern Territory, Tasmania, South Australia, the ACT and Queensland  commenced in Vic. on 1 Sept 2000 and ACT on 1 July 2001  lapsed in WA due to elections

12 International Legal Developments  EC Directives –electronic signatures –electronic commerce  US, Canadian Uniform Laws  many others enacting laws –eg Singapore, Hong Kong, Korea, India, New Zealand

13 International Legal Developments (2)  UNCITRAL Model Law on Electronic Signatures  Hague Convention - jurisdiction  OECD working group - ADR  Cybercrime convention

14 Electronic Signatures  ET Act section 10  can satisfy legal requirement for a signature by using any technique that: –identifies a person –indicates their approval –is appropriate in circumstances

15 Electronic Signatures (2)  PKI systems/digital signatures –Government’s ‘Gatekeeper’ –Certification Forum of Australia  other technologies eg ‘PenOp’ (signature dynamics)  NEAC

16 Further information  Attorney-General’s Department e-commerce homepage: