Commonwealth Consolidated Acts

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Electronic communication of documents given to Financial Services and Credit Panels etc.

             (1)  This section applies to any document that is required or permitted to be given to:

                     (a)  a Financial Services and Credit Panel, or the Chair of a Financial Services and Credit Panel, under a provision of this Act; or

                     (b)  ASIC under any of the following:

                              (i)  Division 8A of this Part (Professional standards for relevant providers etc.);

                             (ii)  this Division;

                            (iii)  Division 8C of this Part (Registration of relevant providers);

                            (iv)  Division 3 of Part 9.4AB (Infringement notices given by Financial Services and Credit Panels).

Giving a document to a Financial Services and Credit Panel etc.

             (2)  The document may be given to the recipient by means of an electronic communication.

Signing the document

             (3)  If the document is required to be signed by the person under a provision mentioned in subsection (1), that requirement is taken to have been met in relation to the electronic communication of the document if:

                     (a)  the person receives a copy or counterpart of the document:

                              (i)  that is in a physical form; or

                             (ii)  by means of an electronic communication; and

                     (b)  the copy or counterpart includes the entire contents of the document; and

                     (c)  the person indicates, by means of an electronic communication, that the person has signed the document; and

                     (d)  a method is used to identify the person and to indicate the person's intention in respect of the information communicated in the document; and

                     (e)  the method used was either:

                              (i)  as reliable as appropriate for the purpose for which the document was generated or communicated, in light of all the circumstances, including any relevant agreement; or

                             (ii)  proven in fact to have fulfilled the functions described in paragraph (d), by itself or together with further evidence.

             (4)  For the purposes of paragraph (3)(b), a copy or counterpart of a document need not include:

                     (a)  the signature of another person signing the document; or

                     (b)  any material included in the document to identify another person signing the document or to indicate another person's intention in respect of the contents of the document.

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