Queensland Electronic Transactions (Queensland) Act 2001 Current as at 29 August 2013
Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/leg_info/ information.htm. The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.
Queensland Electronic Transactions (Queensland) Act 2001 Contents Page Chapter 1 Preliminary 1 Short title........................................... 5 2 Commencement...................................... 5 3 Object.............................................. 5 4 Simplified outline..................................... 6 5 Attachment flowchart................................. 7 6 Definitions........................................... 7 7 Act binds all persons.................................. 7 7A Act does not apply to particular transactions etc.............. 7 Chapter 2 Requirements for electronic communications Part 1 General rule about validity of transactions for State laws 8 Validity of electronic transactions......................... 8 Part 2 Requirements under State laws Division 1 Writing 9 Application.......................................... 8 10 Definitions for div 1.................................... 8 11 Requirement to give information in writing.................. 9 12 Permission to give information in writing................... 9 13 Other particular laws not affected......................... 10 Division 2 Signatures 14 Requirement for signature.............................. 10 15 Other particular laws not affected......................... 11 Division 3 Production of document 16 Requirement to produce document....................... 11 17 Permission to produce a document....................... 12 18 Other particular laws not affected......................... 13
Contents Division 4 Recording and keeping information and documents 19 Recording information................................. 13 20 Keeping written documents............................. 14 21 Keeping electronic communications....................... 15 Part 3 Other provisions about State laws Division 1 Application 22 Application of part 3................................... 16 Division 2 Time of dispatch and receipt 23 Time of dispatch...................................... 17 24 Time of receipt....................................... 17 25 Place of dispatch and receipt............................ 18 Division 3 Other provisions 26 Attribution of electronic communications................... 19 Part 4 Additional provisions applying to contracts involving electronic communication 26A Application and operation of this part...................... 20 26B Invitation to treat regarding contracts...................... 20 26C Use of automated message system for contract formation nonintervention of individual................................ 21 26D Error in electronic communication regarding contracts........ 21 26E Application of Act in relation to contracts................... 22 Chapter 3 Miscellaneous 27 Regulation-making power............................... 23 Chapter 4 Transitional provision 28 Transitional provision for Justice and Other Legislation Amendment Act 2013............................................... 23 Schedule 1 Excluded transactions............................... 24 Schedule 2 Dictionary.......................................... 26 Attachment.................................................. 29 Endnotes 1 Index to endnotes........................................ 30 2 Date to which amendments incorporated...................... 30 3 Key................................................... 31 4 Table of reprints......................................... 31 5 List of legislation......................................... 32 Page 2
Contents 6 List of annotations....................................... 33 7 Forms notified or published in the gazette..................... 34 Page 3
Chapter 1 Preliminary Electronic Transactions (Queensland) Act 2001 [s 1] [as amended by all amendments that commenced on or before 29 August 2013] An Act to facilitate electronic transactions, and for other purposes Chapter 1 Preliminary 1 Short title This Act may be cited as the Electronic Transactions (Queensland) Act 2001. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Object The object of this Act is to provide a regulatory framework that (a) recognises the importance of the information economy to the future economic and social prosperity of Queensland; and (b) facilitates the use of electronic transactions; and (c) promotes business and community confidence in the use of electronic transactions; and (d) enables business and the community to use electronic communications in their dealings with government. Current as at 29 August 2013 Page 5
Chapter 1 Preliminary [s 4] 4 Simplified outline (1) The following is a simplified outline of this Act (a) a transaction is not invalid under a State law merely because it took place by 1 or more electronic communications; (b) the following requirements imposed under a State law can generally be met in electronic form (i) a requirement to give information in writing; (ii) a requirement to provide a signature; (iii) a requirement to produce a document; (iv) a requirement to record information; (v) a requirement to keep a document; (c) for a State law, provision is made for determining the time and place of the dispatch and receipt of an electronic communication; (d) the purported originator of an electronic communication is bound by it under a State law only if the communication was sent by the purported originator or with the purported originator s authority. (2) Chapter 2, part 4 contains provisions applying to contracts involving electronic communications, including provisions (relating to the internet in particular) for the following (a) an unaddressed proposal to form a contract is to be regarded as an invitation to make offers, rather than as an offer that if accepted would result in a contract; (b) a contract formed automatically is not invalid, void or unenforceable because there was no human review or intervention; (c) a portion of an electronic communication containing an input error can be withdrawn in certain circumstances; (d) the application of certain provisions of chapter 2, parts 1 to 3 to contracts involving electronic communications to the extent they do not apply of their own force. Page 6 Current as at 29 August 2013
Chapter 1 Preliminary 5 Attachment flowchart [s 5] (1) The attachment to this Act shows the way in which some of the definitions in the dictionary and the concepts underlying this Act are linked when an electronic communication is used for a transaction. (2) The attachment does not form part of this Act. (3) If the Act is amended, the attachment must be revised so that it is accurate. (4) The revision must be made in the first reprint of this Act after the amendments. 6 Definitions The dictionary in schedule 2 defines particular words used in this Act. 7 Act binds all persons This Act binds all persons including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. 7A Act does not apply to particular transactions etc. (1) This Act does not apply to a transaction, requirement, permission, electronic communication or other matter of a kind mentioned in schedule 1. (2) A regulation may provide that this Act does not apply to a transaction, requirement, permission, electronic communication or other matter not mentioned in schedule 1. (3) A regulation made under subsection (2) expires 1 year after the regulation is made. Current as at 29 August 2013 Page 7
Chapter 2 Requirements for electronic communications Part 1 General rule about validity of transactions for State laws [s 8] Chapter 2 Part 1 Requirements for electronic communications General rule about validity of transactions for State laws 8 Validity of electronic transactions (1) A transaction is not invalid under a State law merely because it took place wholly or partly by 1 or more electronic communications. (2) However, the general rule in subsection (1) does not apply for the validity of a transaction to the extent to which another, more specific, provision of this chapter deals with its validity. Part 2 Requirements under State laws Division 1 Writing 9 Application This division applies to a requirement or permission to give information, whether the expression give, send or serve, or another expression, is used. 10 Definitions for div 1 In this division give information includes, but is not limited to, the following (a) make an application; Page 8 Current as at 29 August 2013
Chapter 2 Requirements for electronic communications Part 2 Requirements under State laws [s 11] (b) (c) (d) (e) (f) (g) (h) (i) (j) make or lodge a claim; give, send or serve a notification; lodge a return; make a request; make a declaration; lodge or issue a certificate; make, vary or cancel an election; lodge an objection; give a statement of reasons. 11 Requirement to give information in writing (1) If, under a State law, a person is required to give information in writing, the requirement is taken to have been met if the person gives the information by an electronic communication in the circumstances stated in subsection (2). (2) The circumstances are that (a) at the time the information was given, it was reasonable to expect the information would be readily accessible so as to be useable for subsequent reference; and (b) the person to whom the information is required to be given consents to the information being given by an electronic communication. 12 Permission to give information in writing (1) If, under a State law, a person is permitted to give information in writing, the person may give the information by an electronic communication in the circumstances stated in subsection (2). (2) The circumstances are that Current as at 29 August 2013 Page 9
Chapter 2 Requirements for electronic communications Part 2 Requirements under State laws [s 13] (a) (b) at the time the information was given, it was reasonable to expect the information would be readily accessible so as to be useable for subsequent reference; and the person to whom the information is permitted to be given consents to the information being given by an electronic communication. 13 Other particular laws not affected Sections 11 and 12 do not affect the operation of another State law that makes provision about requiring or permitting information to be given, in accordance with particular information technology requirements (a) on a particular kind of data storage device; or (b) by a particular kind of electronic communication. Division 2 Signatures 14 Requirement for signature (1) If, under a State law, a person s signature is required, the requirement is taken to have been met for an electronic communication if (a) a method is used to identify the person and to indicate the person s intention in relation to the information communicated; and (b) the method used was either (i) as reliable as appropriate for the purposes for which the electronic communication was generated or communicated, having regard to all the circumstances, including any relevant agreement; or Page 10 Current as at 29 August 2013
Chapter 2 Requirements for electronic communications Part 2 Requirements under State laws [s 15] (ii) proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence; and (c) the person to whom the signature is required to be given consents to the requirement being met by using the method mentioned in paragraph (a). (2) The reference in subsection (1) to a law that requires a signature includes a reference to a law that provides consequences for the absence of a signature. 15 Other particular laws not affected Section 14 does not affect the operation of another State law that makes provision for or in relation to requiring (a) an electronic communication to contain an electronic signature, however described; or (b) an electronic communication to contain a unique identification in an electronic form; or (c) a particular method to be used for an electronic communication to identify the originator of the communication and to indicate the originator s intention in relation to the information communicated. Division 3 Production of document 16 Requirement to produce document (1) If, under a State law, a person is required to produce a document that is in the form of paper, an article or other material, the requirement is taken to have been met if the person produces, by an electronic communication, an electronic form of the document in the circumstances stated in subsection (2). (2) The circumstances are that Current as at 29 August 2013 Page 11
Chapter 2 Requirements for electronic communications Part 2 Requirements under State laws [s 17] (a) having regard to all the relevant circumstances when the communication was sent, the method of generating the electronic form of the document provided a reliable way of maintaining the integrity of the information contained in the document; and (b) when the communication was sent, it was reasonable to expect the information contained in the electronic form of the document would be readily accessible so as to be useable for subsequent reference; and (c) the person to whom the document is required to be produced consents to the production, by an electronic communication, of an electronic form of the document. (3) For subsection (2)(a), the integrity of information contained in a document is maintained only if the information has remained complete and unaltered, apart from (a) the addition of any endorsement; or (b) any immaterial change; arising in the normal course of communication, storage or display. 17 Permission to produce a document (1) If, under a State law, a person is permitted to produce a document in the form of paper, an article or other material, then, instead of producing the document in that form, the person may produce, by an electronic communication, an electronic form of the document in the circumstances stated in subsection (2). (2) The circumstances are that (a) having regard to all the relevant circumstances when the communication was sent, the method of generating the electronic form of the document provided a reliable way of maintaining the integrity of the information contained in the document; and Page 12 Current as at 29 August 2013
Chapter 2 Requirements for electronic communications Part 2 Requirements under State laws [s 18] (b) when the communication was sent, it was reasonable to expect the information contained in the electronic form of the document would be readily accessible so as to be useable for subsequent reference; and (c) the person to whom the document is permitted to be produced consents to the production, by an electronic communication, of an electronic form of the document. (3) For subsection (2)(a), the integrity of information contained in a document is maintained only if the information has remained complete and unaltered, apart from (a) the addition of any endorsement; or (b) any immaterial change; arising in the normal course of communication, storage or display. 18 Other particular laws not affected Sections 16 and 17 do not affect the operation of another State law that makes provision for or in relation to requiring or permitting electronic forms of documents to be produced, in accordance with particular information technology requirements (a) on a particular kind of data storage device; or (b) by a particular kind of electronic communication. Division 4 Recording and keeping information and documents 19 Recording information (1) If, under a State law, a person is required to record information in writing, the requirement is taken to have been met if the person records the information in electronic form in the circumstances stated in subsection (2). Current as at 29 August 2013 Page 13
Chapter 2 Requirements for electronic communications Part 2 Requirements under State laws [s 20] (2) The circumstances are that (a) at the time the information was recorded, it was reasonable to expect the information would be readily accessible so as to be useable for subsequent reference; and (b) if a regulation requires the information to be recorded on a particular kind of data storage device, the requirement has been met. 20 Keeping written documents (1) If, under a State law, a person is required to keep, for a particular period, a document that is in the form of paper, an article or other material, the requirement is taken to have been met if the person keeps, or causes another person to keep, an electronic form of the document for the period in the circumstances stated in subsection (2). (2) The circumstances are that (a) having regard to all the relevant circumstances when the electronic form of the document was generated, the method of generating the electronic form of the document provided a reliable way of maintaining the integrity of the information contained in the document; and (b) when the electronic form of the document was generated, it was reasonable to expect the information contained in the electronic form of the document would be readily accessible so as to be useable for subsequent reference; and (c) if a regulation requires the electronic form of the document to be kept on a particular kind of data storage device, the requirement has been met for the period. (3) For subsection (2)(a), the integrity of information contained in a document is maintained only if the information has remained complete and unaltered, apart from Page 14 Current as at 29 August 2013
Chapter 2 Requirements for electronic communications Part 2 Requirements under State laws [s 21] (a) the addition of any endorsement; or (b) any immaterial change; arising in the normal course of communication, storage or display. 21 Keeping electronic communications (1) If, under a State law, a person (keeper) is required to keep, for a particular period, information that was the subject of an electronic communication, the requirement is taken to have been met if the keeper keeps, or causes another person to keep, in electronic form, the information for the period in the circumstances stated in subsection (2). (2) The circumstances are that (a) at the commencement of the keeping of the information, it was reasonable to expect the information would be readily accessible so as to be useable for subsequent reference; and (b) having regard to all the relevant circumstances at the commencement of the keeping of the information, the method of keeping the information in electronic form provided a reliable way of maintaining the integrity of the information contained in the electronic communication; and (c) during the period, the keeper also keeps, or causes the other person to keep, in electronic form, such additional information obtained by the keeper as is enough to enable the identification of the following (i) the origin of the electronic communication; (ii) the destination of the electronic communication; (iii) when the electronic communication was sent; (iv) when the electronic communication was received; and Current as at 29 August 2013 Page 15
Chapter 2 Requirements for electronic communications Part 3 Other provisions about State laws [s 22] (d) at the commencement of the keeping of the additional information mentioned in paragraph (c), it was reasonable to expect the additional information would be readily accessible so as to be useable for subsequent reference; and (e) if a regulation requires the information to be kept on a particular kind of data storage device the requirement has been met for the period. (3) For subsection (2)(b), the integrity of information that was the subject of an electronic communication is maintained only if the information has remained complete and unaltered, apart from (a) the addition of any endorsement; or (b) any immaterial change; arising in the normal course of communication, storage or display. Part 3 Other provisions about State laws Division 1 Application 22 Application of part 3 This part applies for each State law. Page 16 Current as at 29 August 2013
Chapter 2 Requirements for electronic communications Part 3 Other provisions about State laws [s 23] Division 2 Time of dispatch and receipt 23 Time of dispatch (1) Unless otherwise agreed between the originator and the addressee of an electronic communication, the time of dispatch of the electronic communication is (a) the time when the electronic communication leaves an information system under the control of the originator or of the party who sent it on behalf of the originator; or (b) if the electronic communication has not left an information system under the control of the originator or of the party who sent it on behalf of the originator the time the electronic communication is received by the addressee. (2) Subsection (1) applies even though the place the information system supporting an electronic address is located may be different from the place the electronic communication is taken to have been dispatched under section 25. 24 Time of receipt (1) Unless otherwise agreed between the originator and the addressee of an electronic communication (a) the time of receipt of the electronic communication is the time the electronic communication becomes capable of being retrieved by the addressee at an electronic address designated by the addressee; or (b) the time of receipt of the electronic communication at another electronic address of the addressee is the time when both (i) the electronic communication has become capable of being retrieved by the addressee at that address; and Current as at 29 August 2013 Page 17
Chapter 2 Requirements for electronic communications Part 3 Other provisions about State laws [s 25] (ii) the addressee has become aware that the electronic communication has been sent to that address. (2) For subsection (1), unless otherwise agreed between the originator and the addressee of the electronic communication, it is to be assumed that the electronic communication is capable of being retrieved by the addressee when it reaches the addressee s electronic address. (3) Subsection (1) applies even though the place the information system supporting an electronic address is located may be different from the place the electronic communication is taken to have been received under section 25. 25 Place of dispatch and receipt (1) Unless otherwise agreed between the originator and the addressee of an electronic communication (a) the electronic communication is taken to have been dispatched at the place the originator has its place of business; and (b) the electronic communication is taken to have been received at the place the addressee has its place of business. (2) For the application of subsection (1) to an electronic communication (a) a party s place of business is assumed to be the location indicated by the party, unless another party demonstrates the party making the indication does not have a place of business at that location; and (b) if a party has not indicated a place of business and has only one place of business, it is to be assumed that place is the party s place of business; and (c) if a party has not indicated a place of business and has more than one place of business, the place of business is that which has the closest relationship to the underlying transaction, having regard to the circumstances known Page 18 Current as at 29 August 2013
Chapter 2 Requirements for electronic communications Part 3 Other provisions about State laws [s 26] to or contemplated by the parties at any time before or at the conclusion of the transaction; and (d) if a party has not indicated a place of business and has more than one place of business, but paragraph (c) does not apply it is to be assumed the party s principal place of business is the party s only place of business; and (e) if a party is an individual and does not have a place of business it is to be assumed the party s place of business is the place of the party s habitual residence. (3) A location is not a place of business merely because that is (a) where equipment and technology supporting an information system used by a party are located; or (b) where the information system may be accessed by other parties. (4) The sole fact that a party makes use of a domain name or electronic mail address connected to a specific country does not create a presumption that its place of business is located in that country. Division 3 Other provisions 26 Attribution of electronic communications (1) For a State law, unless otherwise agreed between the purported originator of an electronic communication and the addressee of the communication, the purported originator of the communication is bound by the communication only if it was sent by the purported originator or with the purported originator s authority. (2) Subsection (1) does not limit a State law that provides for (a) conduct engaged in by a person within the scope of the person s actual or apparent authority to be attributed to another person; or Current as at 29 August 2013 Page 19
Chapter 2 Requirements for electronic communications Part 4 Additional provisions applying to contracts involving electronic communication [s 26A] (b) a person to be bound by conduct engaged in by another person within the scope of the other person s actual or apparent authority. Part 4 Additional provisions applying to contracts involving electronic communication 26A Application and operation of this part This part applies to the use of electronic communications in connection with the formation or performance of a contract between parties where the proper law of the contract is (or would on its formation be) under the State law, and so applies (a) whether some or all of the parties are located within Australia or elsewhere; and (b) whether the contract is for business purposes, for personal, family or household purposes, or for other purposes. 26B Invitation to treat regarding contracts (1) A proposal to form a contract made through one or more electronic communications that (a) is not addressed to one or more specific parties; and (b) is generally accessible to parties making use of information systems; is to be considered as an invitation to make offers, unless it clearly indicates the intention of the party making the proposal to be bound in case of acceptance. Page 20 Current as at 29 August 2013
Chapter 2 Requirements for electronic communications Part 4 Additional provisions applying to contracts involving electronic communication [s 26C] (2) Subsection (1) extends to proposals that make use of interactive applications for the placement of orders through information systems. 26C Use of automated message system for contract formation non-intervention of individual A contract formed by (a) the interaction of an automated message system and an individual; or (b) the interaction of automated message systems; is not invalid, void or unenforceable on the sole ground that no individual reviewed or intervened in each of the individual actions carried out by the automated message systems or the resulting contract. 26D Error in electronic communication regarding contracts (1) This section applies in relation to a statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract. (2) If (a) an individual makes an input error in an electronic communication exchanged with the automated message system of another party; and (b) the automated message system does not provide the person with an opportunity to correct the error; the person, or the party on whose behalf the person was acting, has the right to withdraw the portion of the electronic communication in which the input error was made if (c) the person, or the party on whose behalf the person was acting, notifies the other party of the error as soon as possible after having learned of the error and indicates Current as at 29 August 2013 Page 21
Chapter 2 Requirements for electronic communications Part 4 Additional provisions applying to contracts involving electronic communication [s 26E] that the person made an error in the electronic communication; and (d) the person, or the party on whose behalf the person was acting, has not used or received any material benefit or value from the goods or services, if any, received from the other party. (3) The right of withdrawal of a portion of an electronic communication under this section is not of itself a right to rescind or otherwise terminate a contract. (4) The consequences (if any) of the exercise of the right of withdrawal of a portion of an electronic communication under this section are to be determined in accordance with any applicable rule of law. 26E Application of Act in relation to contracts (1) Subject to subsection (2), sections 8 and 23 to 25 apply to (a) a transaction constituted by or relating to a contract; or (b) an electronic communication relating to the formation of a performance of a contract; in the same way as they apply to a transaction or electronic communication referred to in those provisions. (2) However, this part (including subsection (1)) does not apply to or in relation to a contract to the extent that (a) parts 1 to 3 would of their own force have the same effect as this part if this part applied; or (b) a law of another State (that is in substantially the same terms as parts 1 to 3) would of its own force have the same effect as this part if this part applied. Page 22 Current as at 29 August 2013
Chapter 3 Miscellaneous [s 27] Chapter 3 Miscellaneous 27 Regulation-making power The Governor in Council may make regulations under this Act. Chapter 4 Transitional provision 28 Transitional provision for Justice and Other Legislation Amendment Act 2013 (1) Subject to subsection (2) (a) section 26B extends to proposals made before the commencement; and (b) section 26C extends to interactions carried out before the commencement; and (c) section 26D extends to statements, declarations, demands, notices or requests, including offers and acceptance of offers, made or given before the commencement. (2) Subsection (1) and chapter 2, part 4 do not apply in relation to contracts formed before the commencement. (3) In this section commencement means the commencement of this section. Current as at 29 August 2013 Page 23
Schedule 1 Schedule 1 Excluded transactions section 7A 1 A requirement or permission for a person to file a document with a court or tribunal for a proceeding. 2 A requirement or permission for a person to sign a document to be filed with a court or tribunal for a proceeding. 3 A requirement or permission for a person to produce a document (a) to a court or tribunal in a proceeding; or (b) to a party to a proceeding for the proceeding. 4 A requirement or permission for a person to retain a document that has been (a) filed with, or produced to, a court or tribunal in a proceeding; or (b) admitted in evidence in a proceeding before a court or tribunal; or (c) issued by a court or tribunal for a proceeding. 5 A requirement or permission for a document to be served personally or by post. 6 A requirement or permission for a document to be attested, authenticated, verified or witnessed by a person other than the author of the document. 7 An authorisation under the Trust Accounts Act 1973. 8 transactions on a regulated exchange 9 foreign exchange transactions 10 inter-bank payment systems, agreements or clearance and settlement systems relating to securities or other financial assets or instruments Page 24 Current as at 29 August 2013
Schedule 1 11 the transfer of security rights in the sale, loan or holding of or agreement to repurchase securities or other financial assets or instruments held with an intermediary 12 bills of exchange 13 promissory notes 14 consignment notes 15 bills of lading 16 warehouse receipts 17 any transferable document or other instrument that entitles the bearer or beneficiary to claim the delivery of goods or payment of a sum of money Current as at 29 August 2013 Page 25
Schedule 2 Schedule 2 Dictionary section 6 addressee, of an electronic communication, means a person who is intended by the originator to receive the electronic communication, but does not include a person acting as an intermediary for the electronic communication. automated message system means a computer program or an electronic or other automated means used to initiate an action or respond to data messages in whole or in part, without review or intervention by an individual each time an action is initiated or a response is generated by the system. consents includes consent that can reasonably be inferred from the conduct of the person concerned, but does not include consent given subject to conditions unless the conditions are complied with. data includes the whole or part of a computer program within the meaning of the Copyright Act 1968 (Cwlth). 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 another article or device. electronic communication means (a) a communication of information in the form of data, text or images by guided or unguided electromagnetic energy; or (b) a communication of information in the form of sound by guided or unguided electromagnetic energy, if the sound is processed at its destination by an automated voice recognition system. give information, for chapter 2, part 2, division 1, see section 10. information means information in the form of data, text, images or sound. Page 26 Current as at 29 August 2013
Schedule 2 information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications. information technology requirements includes software requirements. non-profit body means a body that (a) is not carried on for profit or gain to its individual members; and (b) is, under the body s constitution, prohibited from making any distribution, whether in money, property or otherwise, to its members. originator, of an electronic communication, means a person by whom, or on whose behalf, the electronic communication has been sent or generated before storage, if any, but does not include a person acting as an intermediary for the electronic communication. performance, of a contract, includes non-performance of the contract. place of business means (a) in relation to a person, other than an entity referred to in paragraph (b) a place where the person maintains a non-transitory establishment to pursue an economic activity other than the temporary provision of goods or services out of a specific location; or (b) in relation to a government, an authority of a government or a non-profit body a place where any operations or activities are carried out by that government, authority or body. State law means (a) any law in force in the State, whether written or unwritten; or (b) any instrument made or having effect under a law mentioned in paragraph (a); but does not include Current as at 29 August 2013 Page 27
Schedule 2 (c) (d) the Corporations Law or the Corporations Regulations; or a law of the Commonwealth, whether written or unwritten, or an instrument made or having effect under a written or unwritten law of the Commonwealth. transaction includes (a) (b) (c) any transaction in the nature of a contract, agreement or other arrangement; and any statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract, agreement or other arrangement; and any transaction of a non-commercial nature. Page 28 Current as at 29 August 2013
Attachment Attachment section 5 Current as at 29 August 2013 Page 29
Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated.................................30 3 Key..............................................................31 4 Table of reprints....................................................31 5 List of legislation...................................................32 6 List of annotations..................................................33 7 Forms notified or published in the gazette................................34 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 29 August 2013. Future amendments of the Electronic Transactions (Queensland) Act 2001 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Page 30 Current as at 29 August 2013
Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised version num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2012 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered prev = previous 4 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3237 0466 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint Amendments included Effective Notes No. 1 2002 Act No. 34 1 November 2002 1A 2003 Act No. 22 1 July 2003 1B 2003 Act No. 73 5 July 2004 1C 17 August 2004 provs exp 16 August 2004 Current as at 29 August 2013 Page 31
Endnotes Reprint Amendments included Effective Notes No. 1D 2005 Act No. 70 8 December 2005 R1D withdrawn, see R2 2 8 December 2005 2A 2010 Act No. 42 14 October 2010 Current as at Amendments included Notes 29 August 2013 2013 Act No. 35 5 List of legislation Electronic Transactions (Queensland) Act 2001 No. 42 date of assent 7 June 2001 ss 1 2 commenced on date of assent remaining provisions commenced 1 November 2002 (2002 SL No. 286) amending legislation Justice and Other Legislation (Miscellaneous Provisions) Act 2002 No. 34 s 1, pt 5, s 15 sch 2 date of assent 16 August 2002 commenced on date of assent Motor Vehicles Securities and Other Acts Amendment Act 2003 No. 22 ss 1 2, 30 sch date of assent 9 May 2003 ss 1 2, 30 commenced on date of assent (see s 2(1)) remaining provisions commenced 1 July 2003 (2003 SL No. 115) Second-hand Dealers and Pawnbrokers Act 2003 No. 73 ss 1 2, 117 sch 2 date of assent 22 October 2003 ss 1 2 commenced on date of assent remaining provisions commenced 5 July 2004 (2004 SL No. 118) Partnership and Other Acts Amendment Act 2004 No. 29 ss 1, 2(2), 56 57 date of assent 12 October 2004 ss 1 2 commenced on date of assent s 57 commenced 22 November 2004 (2004 SL No. 250) (amdt could not be given effect) remaining provision commenced 22 November 2004 (2004 SL No. 250) Justice and Other Legislation Amendment Act 2005 No. 70 ss 1, 166 sch date of assent 8 December 2005 commenced on date of assent Justice and Other Legislation Amendment Act 2010 No. 42 ss 1, 214 sch date of assent 14 October 2010 commenced on date of assent Page 32 Current as at 29 August 2013
Justice and Other Legislation Amendment Act 2013 No. 35 s 1, pt 16 date of assent 29 August 2013 commenced on date of assent Endnotes 6 List of annotations Simplified outline s 4 amd 2013 No. 35 s 70 Definitions s 6 amd 2002 No. 34 s 15 sch 2 Act does not apply to particular transactions etc. prov hdg amd 2013 No. 35 s 71(1) s 7A ins 2002 No. 34 s 16 (1)(a) exp 16 August 2004 (see s 7A(2)) amd 2005 No. 70 s 166 sch; 2013 No. 35 s 71(2) (3) Requirement for signature s 14 amd 2013 No. 35 s 72 Other particular laws not affected s 15 amd 2013 No. 35 s 73 Requirement to produce document s 16 amd 2002 No. 34 s 17; 2010 No. 42 s 214 sch Time of dispatch s 23 sub 2013 No. 35 s 74 Time of receipt s 24 sub 2013 No. 35 s 74 Place of dispatch and receipt s 25 sub 2013 No. 35 s 74 PART 4 ADDITIONAL PROVISIONS APPLYING TO CONTRACTS INVOLVING ELECTRONIC COMMUNICATION pt 4 (ss 26A 26E) ins 2013 No. 35 s 75 CHAPTER 4 TRANSITIONAL PROVISION ch 4 (s 28) ins 2013 No. 35 s 76 SCHEDULE 1 EXCLUDED TRANSACTIONS sch hdg amd 2005 No. 70 s 166 sch; 2013 No. 35 s 77(1) sch 1 ins 2002 No. 34 s 18 amd 2003 No. 22 s 30 sch; 2003 No. 73 s 117 sch 2 pt 1 exp 16 August 2004 (see s 7A(2)) amd 2004 No. 29 s 57 (amdt could not be given effect); 2005 No. 70 s 166 sch; 2013 No. 35 s 77(2) Current as at 29 August 2013 Page 33
Endnotes SCHEDULE 2 DICTIONARY sch hdg (prev sch hdg) renum 2002 No. 34 s 15 sch 2 sch 2 def addressee ins 2013 No. 35 s 78(2) def automated message system ins 2013 No. 35 s 78(2) def originator ins 2013 No. 35 s 78(2) def performance ins 2013 No. 35 s 78(2) def place of business sub 2013 No. 35 s 78 def transaction sub 2013 No. 35 s 78 7 Forms notified or published in the gazette Lists of forms are no longer included in reprints. Now see the separate forms document published on the website of the Office of the Queensland Parliamentary Counsel at <www.legislation.qld.gov.au> under Information Current annotations. This document is updated weekly and the most recent changes are marked with a change bar. State of Queensland 2013 Authorised by the Parliamentary Counsel Page 34 Current as at 29 August 2013