Australias legal framework for electronic commerce
Commonwealth electronic transactions legislation
The Australian Government's information economy policy, Investing for Growth was released by the Prime Minister in December 1997. The Government is committed to providing a light-handed regulatory framework to support and encourage the development of electronic commerce.
The enactment of the Electronic Transactions Act represented a major step towards meeting this commitment.
The Electronic Commerce Expert Group was established by the Attorney-General to report on the legal issues arising from the development of electronic commerce. The Expert Group's Report, released for public comment on 2 April 1998, was well received by government and business organisations. In July 1998, the Government announced its response to the Report, which took into account the recommendations of the Expert Group and public comments received.
Electronic commerce expert group
The Attorney-General's Department has released a pamphlet explaining the operation of the Act in some detail.
The Act had a two-stage implementation. Before 1 July 2001 it only applied to laws of the Commonwealth specified in the regulations. From 1 July 2001 it applies to all laws of the Commonwealth unless they have been specifically exempted from the application of the Act. The Electronic Transactions Regulations 2000 contain 157 items identifying 101 laws of the Commonwealth which are exempted from the operation of the Act. This includes both legislation and subordinate legislation.
The process to exempt laws from the operation of the Act involved consultation between the Attorney-General's Department and all other portfolio Departments. A number of these Departments identified laws they administer which, in their view, needed to be exempted from the application of the Act. The Attorney-General's decision to exempt these laws was made in the context of the Government's commitment to deliver all appropriate services online and to ensure that the Act had the widest possible reach.
- Media Release - Agreement on National Laws for Electronic Commerce -30 October 1998
- Media Release - Legal framework for Electronic Commerce - 30 July 1998
Uniform electronic transactions
The AGD has also, in consultation with the States and Territories, developed legislation to remove the legal obstacles to the development of electronic commerce in Australia. The legislation was developed in consultation with the States and Territories through the Standing Committee of Attorneys-General. It takes the form of a uniform model law for adoption in all Australian jurisdictions. An issues paper was released for consultation on the uniform model law.
A national approach to electronic transactions is essential to the success of electronic commerce in Australia. To this end the Australian Government worked in close cooperation with the State and Territory Governments to develop the uniform Electronic Transactions Bill 2000. The uniform Bill is closely modelled on the Commonwealth's Electronic Transactions Act 1999 and mirrors the substantive provisions of the Commonwealth's Act. On 3 April 2000 the Attorney-General announced that all jurisdictions had endorsed the uniform Bill.
When enacted by the States and Territories the uniform Bill will have two important effects for every Australian. First, it will allow people to deal with many State and Territory departments and agencies electronically - in much the same way that they are now able to deal with many Australian departments and agencies following the enactment of the Commonwealth's Act.
Second, it will apply to contract law. All contracts in Australia are based in the laws of the States and Territories. Enactment of the uniform Bill will mean that, for the first time in Australia, the law will make absolutely clear the general principle that a person can enter into contracts electronically.
The States and Territories have enacted the uniform Bill. Links to relevant State and Territory sites, will be reported on this page.
Progress of state and territory implementation
New South Wales
The Electronic Transactions Bill 2000 was introduced and passed through the NSW Parliament on 14 April 2000. It received Royal Assent on 3 May 2000 and commenced on 30 November 2001.
Victoria
The Electronic Transactions (Victoria) Bill 2000 was introduced into the Victorian Parliament on 6 April 2000. The Act was given Royal Assent on 16 May 2000 and came into operation on 1 September 2000.
South Australia
The Electronic Transactions Act 2000 was introduced into the South Australian Parliament in 2000 and was assented to on 7 December 2000 but is not yet in force.
Tasmania
The Electronic Transactions Bill 2000 was introduced into the Tasmanian Parliament and passed in 2000 and commenced on 1 June 2001.
Queensland
The Electronic Transactions (Queensland) Bill 2001 was introduced into the Queensland Parliament on 3 April 2001 and was passed during the 50th session.
Western Australia
The Electronic Transactions Bill 2000 was introduced into the Western Australia Parliament on 1 August 2001. The Bill was referred to the Standing Committee on Legislation on 23 October 2001. Following the change of Government, the Bill was reinstated to the stage reached in the previous Session on 14 Aug 2002.
Northern Territory
The Electronic Transactions (Northern Territory) Bill was introduced into the Northern Territory Parliament and was read for the third time on 30 November 2000. The Act commenced on 13 June 2001.
Australian Capital Territory
The Electronic Transactions (Australian Capital Territory) Bill was introduced into the ACT Legislative Assembly on 18 October 2000 and was passed, without amendment, on 15 February 2001. The Act commenced on 8 March 2001.