Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Outline of Act

    (1)     The following is an outline of this Act—

        (a)     for the purposes of a law of this jurisdiction, a transaction is not invalid because it took place by means of one or more electronic communications;

        (b)     the following requirements imposed under a law of this jurisdiction 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 retain a document;

S. 5(1)(ba) inserted by No. 11/2021 s. 64.

        (ba)     for the purposes of a law of this jurisdiction, witnessing may occur by audio visual link;

        (c)     for the purposes of a law of this jurisdiction, 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 for the purposes of a law of this jurisdiction only if the communication was sent by the purported originator or with the authority of the purported originator.

S. 5(1A) inserted by No. 52/2011 s. 5(1).

    (1A)     Part 2A 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        (c)     a portion of an electronic communication containing an input error can be withdrawn in certain circumstances;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 Part 2 to the extent they do not apply of their own force.

S. 5(2) amended by No. 52/2011 s. 5(2).

    (2)     Subsections (1) and (1A) are intended only as a guide to the general scheme and effect of this Act.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback