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This is a Bill, not an Act. For current law, see the Acts databases.


YEAR 2000 INFORMATION DISCLOSURE BILL 1999

                        Western Australia



Year 2000 Information Disclosure Bill 1999


                           CONTENTS




                     Part 1 -- Preliminary
   1.        Short title                                             2
   2.        Commencement                                            2
   3.        Definitions                                             2
   4.        Crown bound                                             2

          Part 2 -- Year 2000 disclosure statements
   5.        Year 2000 disclosure statements                         3
   6.        Original Year 2000 disclosure statements                3
   7.        Republished Year 2000 disclosure statements             5

           Part 3 -- Protection from civil liability
   8.        Protection from civil actions                           6
   9.        Exceptions                                              6
   10 .      False or misleading statement exception --
              explanatory statement to be given                      9
   11 .      False or misleading statement exception -- imputed
             knowledge                                              10



                                                                 page i


                             86--1
Year 2000 Information Disclosure Bill 1999



Contents



           Part 4 -- Presumption against amendment of
                          contracts
      12 .      Presumption against amendment of contracts     12

             Part 5 -- Exemption from section 45 of the
                        Competition Code
      13 .      Exemption from section 45 of the Competition
                Code                                           13

                        Part 6 -- Regulations
      14 .      Regulations                                    16




page ii
                           Western Australia



                      LEGISLATIVE COUNCIL




Year 2000 Information Disclosure Bill 1999
                               A Bill for


An Act to encourage the voluntary disclosure and exchange of
information about Year 2000 computer problems and remediation
efforts; and for other purposes.



The Parliament of Western Australia enacts as follows:




                                                          page 1
     Year 2000 Information Disclosure Bill 1999
     Part 1         Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Year 2000 Information Disclosure
                Act 1999.
 5   2.         Commencement
                This Act comes into operation on the day on which it receives
                the Royal Assent.
     3.         Definitions
          (1)   In this Act --
10              "civil action" has the same meaning as in the Commonwealth
                     Act and includes a civil proceeding before a tribunal;
                "Commonwealth Act" means the Year 2000 Information
                     Disclosure Act 1999 of the Commonwealth;
                "corresponding law" means a law of the Commonwealth,
15                   another State, or a Territory, that corresponds to this Act;
                "original Year 2000 disclosure statement" has the meaning
                     given by section 6;
                "republished Year 2000 disclosure statement" has the
                     meaning given by section 7;
20              "Year 2000 disclosure statement" has the meaning given by
                     section 5.
          (2)   An expression in this Act that is given a particular meaning by
                the Commonwealth Act has the same meaning in this Act,
                unless the contrary intention appears.
25   4.         Crown bound
                This Act binds the Crown in right of the State and, subject to the
                limits of the legislative power of the State, the Crown in all its
                other capacities.

     page 2
                                      Year 2000 Information Disclosure Bill 1999
                                      Year 2000 disclosure statements     Part 2

                                                                               s. 5



                Part 2 -- Year 2000 disclosure statements
     5.         Year 2000 disclosure statements
                For the purposes of this Act, a Year 2000 disclosure statement
                is --
 5                 (a) an original Year 2000 disclosure statement (see
                        section 6); or
                  (b) a republished Year 2000 disclosure statement (see
                        section 7).

     6.         Original Year 2000 disclosure statements
10        (1)   For the purposes of this Act, an original Year 2000 disclosure
                statement is a statement that --
                  (a) relates solely to any or all of the following --
                           (i) Year 2000 processing;
                          (ii) the detection of problems relating to Year 2000
15                              processing;
                         (iii) the prevention of problems relating to Year 2000
                                processing;
                         (iv) the remediation of problems relating to
                                Year 2000 processing;
20                        (v) the consequences or implications, for the supply
                                of goods or services, of problems relating to
                                Year 2000 processing;
                         (vi) contingency planning, risk management,
                                remediation efforts or other arrangements for
25                              dealing with consequences or implications
                                referred to in subparagraph (v);
                        (vii) the consequences or implications, for the
                                activities or capabilities of a person, of problems
                                relating to Year 2000 processing;

                                                                             page 3
     Year 2000 Information Disclosure Bill 1999
     Part 2         Year 2000 disclosure statements

     s. 6



                       (viii)   contingency planning, risk management,
                                remediation efforts or other arrangements for
                                dealing with consequences or implications
                                referred to in subparagraph (vii);
 5              (b)    includes words to the effect that the statement is a
                       Year 2000 disclosure statement for the purposes of this
                       Act or a corresponding law;
                (c)    includes words to the effect that a person may be
                       protected by this Act or a corresponding law from
10                     liability for the statement in certain circumstances;
               (d)     is made after 27 February 1999 and before 1 July 2001;
                (e)    identifies the person who authorized the statement; and
                (f)    satisfies one of the following conditions --
                          (i) the statement is made in writing;
15                       (ii) the statement is made in a data storage device
                               and is capable of being reproduced in writing
                               from that device (with or without the aid of any
                               other article or device);
                        (iii) the statement is made by way of an electronic
20                             communication of writing.
        (2)   The subparagraphs of subsection (1)(a) do not limit each other.
        (3)   A statement is taken to comply with subsection (1)(b) and (c) if
              the statement includes the following words:
                      This statement is a Year 2000 disclosure statement for
25                    the purposes of the Year 2000 Information Disclosure
                      Act 1999. A person may be protected by that Act from
                      liability for this statement in certain circumstances.




     page 4
                               Year 2000 Information Disclosure Bill 1999
                               Year 2000 disclosure statements     Part 2

                                                                       s. 7



     7.   Republished Year 2000 disclosure statements
          For the purposes of this Act, a republished Year 2000 disclosure
          statement is a statement that --
            (a) consists of the republication, retransmission,
 5                reproduction, recital or reading aloud of the whole of an
                  original Year 2000 disclosure statement;
            (b) is made after 27 February 1999 and before 1 July 2001;
                  and
            (c) is made --
10                   (i) orally;
                    (ii) in writing;
                   (iii) in a data storage device;
                   (iv) by way of an electronic communication of
                          writing; or
15                  (v) by way of an electronic communication of
                          speech.




                                                                    page 5
     Year 2000 Information Disclosure Bill 1999
     Part 3         Protection from civil liability

     s. 8



                 Part 3 -- Protection from civil liability
     8.         Protection from civil actions
          (1)   No civil action lies against a person for or in relation to any
                matter or thing arising out of, or incidental to, the making of a
 5              Year 2000 disclosure statement.
          (2)   A Year 2000 disclosure statement is not admissible as evidence
                against a person in a civil action to which the person is a party.

     9.         Exceptions
          (1)   The rules in section 8 do not apply to a person (the "first
10              person") if --
                 (a) the Year 2000 disclosure statement is false or
                       misleading in a material particular and the first
                       person --
                          (i) knew that the statement was false or misleading
15                             in a material particular; or
                         (ii) was reckless as to whether the statement was
                               false or misleading in a material particular;
                       or
                 (b) all of the following conditions are satisfied --
20                        (i) the Year 2000 disclosure statement was made to
                               another person (otherwise than in the other
                               person's capacity as a member of the public or of
                               a section of the public) in connection with the
                               formation of a contract;
25                       (ii) the other person, or a representative of the other
                               person, is a party to the civil action;
                        (iii) the civil action relates to the contract.



     page 6
                                Year 2000 Information Disclosure Bill 1999
                                     Protection from civil liability Part 3

                                                                       s. 9



     (2)   The rules in section 8 do not apply to a Year 2000 disclosure
           statement if --
             (a) the Year 2000 disclosure statement was made in
                  fulfilment of an obligation imposed under a contract; or
 5           (b) the Year 2000 disclosure statement was made in
                  fulfilment of an obligation imposed under a law of the
                  Commonwealth, a State or a Territory.
     (3)   The rules in section 8 do not apply to a civil action if --
            (a) all of the following conditions are satisfied --
10                   (i) the Year 2000 disclosure statement was made for
                          the sole or dominant purpose of inducing persons
                          to acquire goods or services identified in the
                          statement;
                    (ii) any of those persons acquired the goods or
15                        services as a consumer;
                   (iii) the consumer concerned, or a representative of
                          the consumer concerned, is a party to the civil
                          action;
                   (iv) the civil action relates to the goods or services
20                        acquired by the consumer;
                  or
            (b)   all of the following conditions are satisfied --
                     (i) the Year 2000 disclosure statement was made for
                           the sole or dominant purpose of inducing a
25                         particular consumer to acquire goods or services
                           identified in the statement;
                    (ii) the consumer acquired the goods or services;
                   (iii) the consumer, or a representative of the
                           consumer, is a party to the civil action;
30                 (iv) the civil action relates to the goods or services
                           acquired by the consumer.

                                                                     page 7
     Year 2000 Information Disclosure Bill 1999
     Part 3         Protection from civil liability

     s. 9



        (4)    The rules in section 8 do not apply to a civil action to the extent
               to which --
                 (a) the civil action consists of proceedings for a restraining
                      injunction or for declaratory relief; or
 5               (b) the civil action consists of proceedings instituted by a
                      person or body under a law of the Commonwealth, a
                      State or a Territory --
                         (i) in the performance of a regulatory or
                              enforcement function conferred on the person or
10                            body by such a law; or
                        (ii) in the exercise of a regulatory or enforcement
                              power conferred on the person or body by such a
                              law;
                      or
15               (c) the civil action is an action for infringement of
                      copyright, a trade mark, a design or a patent.
        (5)    The paragraphs of subsections (1), (2), (3) and (4) do not limit
               each other.
        (6)    Section 4B of the Trade Practices Act 1974 of the
20             Commonwealth applies for the purposes of subsection (3)(a)
               and (b) of this section in a corresponding way to the way in
               which it applies for the purposes of the Trade Practices Act
               1974 of the Commonwealth.
        (7)    For the purposes of subsection (6), it is to be assumed that a
25             reference in section 4B of the Trade Practices Act 1974 of the
               Commonwealth to services does not include a reference to
               financial services (within the meaning of that Act).
        (8)    Section 12BC of the Australian Securities and Investments
               Commission Act 1989 of the Commonwealth applies for the
30             purposes of subsection (3)(a) and (b) of this section in a


     page 8
                                       Year 2000 Information Disclosure Bill 1999
                                            Protection from civil liability Part 3

                                                                              s. 10



                 corresponding way to the way in which it applies for the
                 purposes of Division 2 of Part 2 of that Act.
     10.         False or misleading statement exception -- explanatory
                 statement to be given
 5         (1)   If a civil action is instituted against a person (the "first
                 person") by another person (the "second person"), the first
                 person is not entitled to plead or otherwise rely on the rule in
                 section 8(1) unless --
                   (a) the first person gives the second person a statement (the
10                        "explanatory statement") to the effect that the first
                          person believes that the exception set out in
                          section 9(1)(a) is not applicable;
                   (b) the explanatory statement sets out the grounds for that
                          belief; and
15                 (c) the explanatory statement satisfies one of the following
                          conditions --
                             (i) the explanatory statement is made in writing;
                            (ii) the explanatory statement is made in a data
                                  storage device and is capable of being
20                                reproduced in writing from that device (with or
                                  without the aid of any other article or device);
                           (iii) the explanatory statement is made by way of an
                                  electronic communication of writing.
           (2)   If the first person gives the second person an explanatory
25               statement as mentioned in subsection (1), the explanatory
                 statement is not admissible in any civil action except for the
                 purposes of determining whether subsection (1) has been
                 complied with.
           (3)   The second person may waive compliance with subsection (1).



                                                                             page 9
     Year 2000 Information Disclosure Bill 1999
     Part 3         Protection from civil liability

     s. 11



     11.         False or misleading statement exception -- imputed
                 knowledge
           (1)   If, in any proceedings, it is necessary to establish for the
                 purposes of section 9(1)(a) --
 5                  (a) whether a body corporate knew that a Year 2000
                          disclosure statement was false or misleading in a
                          material particular; or
                   (b) whether a body corporate was reckless as to whether a
                          Year 2000 disclosure statement was false or misleading
10                        in a material particular,
                 it is sufficient to show that --
                   (c)   a director, employee or agent of the body corporate
                         engaged in conduct in relation to the Year 2000
                         disclosure statement;
15                (d)    the director, employee or agent was, in engaging in that
                         conduct, acting within the scope of his or her actual or
                         apparent authority; and
                   (e)   the director, employee or agent --
                            (i) knew that the Year 2000 disclosure statement
20                               was false or misleading in a material particular;
                                 or
                           (ii) was reckless as to whether the Year 2000
                                 disclosure statement was false or misleading in a
                                 material particular,
25               as the case may be.
           (2)   If, in any proceedings, it is necessary to establish for the
                 purposes of section 9(1)(a) --
                    (a) whether a person other than a body corporate knew that
                          a Year 2000 disclosure statement was false or
30                        misleading in a material particular; or

     page 10
                                 Year 2000 Information Disclosure Bill 1999
                                      Protection from civil liability Part 3

                                                                         s. 11



            (b)    whether a person other than a body corporate was
                   reckless as to whether a Year 2000 disclosure statement
                   was false or misleading in a material particular,
           it is sufficient to show that --
 5           (c)   an employee or agent of the person engaged in conduct
                   in relation to the Year 2000 disclosure statement;
            (d)    the employee or agent was, in engaging in that conduct,
                   acting within the scope of his or her actual or apparent
                   authority; and
10           (e)   the employee or agent --
                      (i) knew that the Year 2000 disclosure statement
                           was false or misleading in a material particular;
                           or
                     (ii) was reckless as to whether the Year 2000
15                         disclosure statement was false or misleading in a
                           material particular,
           as the case may be.
     (3)   A reference in this section to a director includes a reference to a
           constituent member of a body corporate incorporated for a
20         public purpose by a law of the Commonwealth, a State or a
           Territory.




                                                                      page 11
     Year 2000 Information Disclosure Bill 1999
     Part 4         Presumption against amendment of contracts

     s. 12



     Part 4 -- Presumption against amendment of contracts
     12.         Presumption against amendment of contracts
           (1)   The making of a Year 2000 disclosure statement is taken not to
                 amend, alter or vary a contract unless --
 5                (a) both --
                           (i) the parties to the contract have expressly agreed
                                to the amendment, alteration or variation; and
                          (ii) that agreement satisfies one of the conditions set
                                out in subsection (2);
10                   or
                  (b) the contract expressly provides for the amendment,
                        alteration or variation by way of the making of a
                        Year 2000 disclosure statement.
           (2)   The conditions referred to in subsection (1)(a)(ii) are as
15               follows --
                   (a) the agreement is made in writing;
                   (b) the agreement is embodied in a data storage device and
                        is capable of being reproduced in writing from that
                        device (with or without the aid of any other article or
20                      device);
                   (c) the agreement is made by way of one or more electronic
                        communications of writing.
           (3)   Nothing in, or done under, this section affects the operation of a
                 condition or warranty that is taken to form part of a contract by
25               virtue of the provisions of another Act.




     page 12
                                      Year 2000 Information Disclosure Bill 1999
                     Exemption from section 45 of the Competition Code    Part 5

                                                                              s. 13



                 Part 5 -- Exemption from section 45 of the
                            Competition Code
     13.         Exemption from section 45 of the Competition Code
           (1)   Section 45 of the Competition Code of Western Australia does
 5               not apply to or in relation to --
                   (a) a contract or arrangement made --
                           (i) after 27 February 1999; and
                          (ii) before 1 July 2001;
                        or
10                (b) an understanding arrived at --
                           (i) after 27 February 1999; and
                          (ii) before 1 July 2001,
                 to the extent to which the contract, arrangement or
                 understanding provides for the disclosure or exchange of
15               information, or for the disclosure and exchange of information,
                 by any or all of the parties to the contract, arrangement or
                 understanding, for the sole purpose of facilitating any or all of
                 the following --
                   (c) the detection of problems relating to Year 2000
20                       processing;
                   (d) the prevention of problems relating to Year 2000
                         processing;
                   (e) the remediation of problems relating to Year 2000
                         processing;
25                  (f) awareness of the consequences or implications, for the
                         supply of goods or services, of problems relating to
                         Year 2000 processing;



                                                                           page 13
     Year 2000 Information Disclosure Bill 1999
     Part 5         Exemption from section 45 of the Competition Code

     s. 13



                (g)    contingency planning, risk management, remediation
                       efforts or other arrangements for dealing with
                       consequences or implications referred to in
                       paragraph (f);
 5              (h)    awareness of the consequences or implications, for the
                       activities or capabilities of a person, of problems
                       relating to Year 2000 processing;
                 (i)   contingency planning, risk management, remediation
                       efforts or other arrangements for dealing with
10                     consequences or implications referred to in
                       paragraph (h).
        (2)    Section 45 of the Competition Code of Western Australia does
               not apply to or in relation to --
                 (a) a contract or arrangement proposed to be made --
15                       (i) after 27 February 1999; and
                        (ii) before 1 July 2001;
                      or
                (b) an understanding proposed to be arrived at --
                         (i) after 27 February 1999; and
20                      (ii) before 1 July 2001,
               to the extent to which the proposed contract, arrangement or
               understanding would provide for the disclosure or exchange of
               information, or for the disclosure and exchange of information,
               by any or all of the parties to the contract, arrangement or
25             understanding, for the sole purpose of facilitating any or all of
               the following --
                 (c) the detection of problems relating to Year 2000
                       processing;
                 (d) the prevention of problems relating to Year 2000
30                     processing;

     page 14
                        Year 2000 Information Disclosure Bill 1999
       Exemption from section 45 of the Competition Code    Part 5

                                                              s. 13



     (e)   the remediation of problems relating to Year 2000
           processing;
     (f)   awareness of the consequences or implications, for the
           supply of goods or services, of problems relating to
 5         Year 2000 processing;
     (g)   contingency planning, risk management, remediation
           efforts or other arrangements for dealing with
           consequences or implications referred to in
           paragraph (f);
10   (h)   awareness of the consequences or implications, for the
           activities or capabilities of a person, of problems
           relating to Year 2000 processing;
     (i)   contingency planning, risk management, remediation
           efforts or other arrangements for dealing with
15         consequences or implications referred to in
           paragraph (h).




                                                           page 15
    Year 2000 Information Disclosure Bill 1999
    Part 6         Regulations

    s. 14



                            Part 6 -- Regulations
    14.       Regulations
              The Governor may make regulations prescribing all matters that
              are required or permitted by this Act to be prescribed, or are
5             necessary or convenient to be prescribed, for giving effect to the
              purposes of this Act.




 


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