EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 235

 

Issued by the Authority of the Attorney-General

 

Electronic Transactions Act 1999

 

Electronic Transactions Amendment Regulations 2007 (No. 2)

 

Section 16 of the Electronic Transactions Act 1999 (the Act) provides that the Governor‑General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Act provides a regulatory framework to facilitate the use of electronic transactions by enabling requirements under Commonwealth law to be met in an electronic form. Subsection 13(3) of the Act provides that regulations may provide exemptions from the operation of the Act.

The Electronic Transactions Regulations 2000 (Principal Regulations) exempt the provisions of specified Commonwealth legislation and subordinate legislation from the Act where it would not be appropriate to permit the use of electronic communications. Previously, under item 141 of the table in Schedule 1 to the Principal Regulations, section 343 and subsection 347(1) of the Student Assistance Act 1973 (SAA Act) were exempted from sections 9 and 11 of the Act. This meant that information or documents concerning student assistance benefits, requested or provided under those provisions of the SAA Act, had to be provided by hand or by post.

The purpose of the Regulations is to remove those exemptions from the Principal Regulations. The Regulations allow information or documents requested under section 343 or notices served in accordance with subsection 347(1) of the SAA Act to be provided electronically in accordance with the Act.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.