Electronic Transactions Regulation 2001

Currency of version
Current version for 9 October 2006 to date (accessed 8 November 2009 at 12:50).
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1 Name of Regulation

This Regulation is the Electronic Transactions Regulation 2001.

2 Commencement

This Regulation commences on 7 December 2001.

3 Definitions

In this Regulation:
judicial body means court or tribunal, and includes any other body or person exercising judicial or quasi-judicial functions.
the Act means the Electronic Transactions Act 2000.

4 Certain laws excluded from section 7 (1) of the Act

Section 7 (1) of the Act does not apply to the following laws of this jurisdiction:
Conveyancing Act 1919, section 23C
Election Funding Act 1981, and any regulations under that Act
Freedom of Information Act 1989, and any regulations under that Act
Legal Profession Act 2004, and any regulations under that Act
Local Government Act 1993, Chapter 10, and any regulations under that Act with respect to the matters dealt with in that Chapter
Parliamentary Electorates and Elections Act 1912, and any regulations under that Act
Poisons and Therapeutic Goods Act 1966, and any regulations under that Act
Any other Act or regulation that makes provision for the conduct of polls or elections by the Electoral Commissioner, to the extent only to which it makes such provision.

5 Certain requirements excluded from Division 2 of Part 2 of the Act

Division 2 of Part 2 of the Act does not apply to the following requirements and classes of requirements:
(a)  any requirement under a law of this jurisdiction for a person to lodge or file a document with a judicial body in connection with legal proceedings,

(b)  any requirement under a law of this jurisdiction for a person to sign a document to be lodged or filed with a judicial body in connection with legal proceedings,

(c)  any requirement under a law of this jurisdiction for a person to produce a document:
(i)  to a judicial body in connection with legal proceedings, or

(ii)  to a party to legal proceedings in connection with those proceedings,

(d)  any requirement under a law of this jurisdiction for a person to retain a document:
(i)  that has been lodged or filed with, or produced to, a judicial body in connection with legal proceedings, or

(ii)  that has been admitted in evidence in any legal proceedings held before a judicial body, or

(iii)  that has been issued by a judicial body in connection with any legal proceedings,

(e)  any requirement under a law of this jurisdiction for a document to be served personally or by post,

(f)  any requirement under a law of this jurisdiction for a document to be verified, authenticated, attested or witnessed under the signature of a person other than the author of the document.

6 Certain permissions excluded from Division 2 of Part 2 of the Act

Division 2 of Part 2 of the Act does not apply to the following permissions and classes of permissions:
(a)  any permission under a law of this jurisdiction for a person to lodge or file a document with a judicial body in connection with legal proceedings,

(b)  any permission under a law of this jurisdiction for a person to sign a document to be lodged or filed with a judicial body in connection with legal proceedings,

(c)  any permission under a law of this jurisdiction for a person to produce a document:
(i)  to a judicial body in connection with legal proceedings, or

(ii)  to a party to legal proceedings in connection with those proceedings,

(d)  any permission under a law of this jurisdiction for a person to retain a document:
(i)  that has been lodged or filed with, or produced to, a judicial body in connection with legal proceedings, or

(ii)  that has been admitted in evidence in any legal proceedings held before a judicial body, or

(iii)  that has been issued by a judicial body in connection with any legal proceedings,

(e)  any permission under a law of this jurisdiction for a document to be served personally or by post,

(f)  any permission under a law of this jurisdiction for a document to be verified, authenticated, attested or witnessed under the signature of a person other than the author of the document.

7 Certain laws excluded from Division 2 of Part 2 of the Act

Division 2 of Part 2 of the Act does not apply to the following laws of this jurisdiction:
Conveyancing Act 1919, section 23C
Election Funding Act 1981, and any regulations under that Act
Freedom of Information Act 1989, and any regulations under that Act
Legal Profession Act 2004, and any regulations under that Act
Local Government Act 1993, Chapter 10, and any regulations under that Act with respect to the matters dealt with in that Chapter
Parliamentary Electorates and Elections Act 1912, and any regulations under that Act
Poisons and Therapeutic Goods Act 1966, and any regulations under that Act
Any other Act or regulation that makes provision for the conduct of polls or elections by the Electoral Commissioner, to the extent only to which it makes such provision.

8 Definition of “court” for the purposes of Part 2A of the Act

(1) The Workers Compensation Commission is declared to be a court for the purposes of Part 2A of the Act.
(2) The Registrar of the Workers Compensation Commission is declared to be a court for the purposes of Part 2A of the Act.

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Electronic Transactions Regulation 2001 published in Gazette No 188 of 7.12.2001, p 9584 and amended as follows:
Electronic Transactions Amendment (Poisons and Therapeutic Goods) Regulation 2002 (GG No 135 of 30.8.2002, p 6564)

2005
(449)
Electronic Transactions Amendment (Legal Profession Act) Regulation 2005. GG No 105 of 19.8.2005, p 4597.
Date of commencement, 1.10.2005, cl 2.

2006
(280)
Electronic Transactions Amendment (Workers Compensation Commission) Regulation 2006. GG No 75 of 9.6.2006, p 3961.
Date of commencement, on gazettal.

(361)
Electronic Transactions (Consumer Credit Code) Amendment Regulation 2006. GG No 84 of 30.6.2006, p 4825.
Date of commencement, 9.10.2006, cl 2 and Queensland 2006 SL No 248. Amended by Electronic Transactions (Consumer Credit Code) Further Amendment Regulation 2006 (510). GG No 111 of 1.9.2006, p 7163. Date of commencement, on gazettal.

Table of amendments

Cll 4, 7
Am 30.8.2002; 2005 (449), cl 3; 2006 (361), cl 3.
Cl 8
Ins 2006 (280), cl 2.