International Law

Electronic Transactions Amendment Acts 2010

By David Jacobson

The State Parliaments have commenced implementing the agreement by the Standing Committee of Attorneys-General (SCAG) in May 2010 to adopt nationally consistent laws with respect to electronic commerce.

The Act has already been passed in NSW and introduced in Tasmania.

The Model Electronic Transactions Amendment Bill 2010 will update Australia?s electronic transactions regime to reflect internationally recognised legal standards on e-commerce and will enable Australia to accede to the UN Convention on the Use of Electronic Communications in International Contracts 2005.

The Model Bill will amend Australia?s existing electronic commerce laws in relation to:

• electronic signatures
• the determination of a party?s location in an electronic environment;
• the time and place of dispatch and receipt of electronic communications; and
• the use of automated message systems for contract formation;
• when an offer is an invitation to treat.

To implement the model provisions set out in the Bill, States and Territories will seek to amend each of their respective Electronic Transaction Acts within the next 12 months.

The amendments will apply to both domestic and international contracts.

Full post as published by Australian Regulatory Compliance Review on October 24, 2010 (boomark / email).