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Electronic Transactions Amendment Bill 2011

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2010-2011

 

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

SENATE

 

 

 

 

 

 

 

ELECTRONIC TRANSACTIONS AMENDMENT BILL 2011

 

 

 

 

 

 

ADDENDUM TO THE

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

(Circulated by authority of the Attorney-General,

the Hon Robert McClelland MP)



 

SCHEDULE 1 - ITEM 19 (page 12)

At the end of paragraph 55, insert:

The broad definition of ‘information system’ contained in the Act does not preclude these models from being ‘an information system under the control of the originator’.

SCHEDULE 1 - ITEM 22 (page 20)

Under the last paragraph, insert the following:

Proposed section 15B

104.     The retrospective application of proposed section 15B only applies where an ‘invitation to treat’ is made before the commencement date, and a resulting contract is formed by electronic communications after the commencement date.  In these circumstances, proposed section 15B operates to the extent necessary, to clarify the distinction between an ‘offer’ and an ‘invitation to treat’ in relation to any proposals made during the negotiations of the particular contract.

Proposed section 15C

105.     The retrospective application of proposed section 15C only applies where a contract is formed after the commencement date, but certain actions were carried out by automated message systems in relation to the contract before the commencement date.  An example of an action carried out by an automated message system would be where an office’s printing equipment is programmed to issue an order for ink or toner when required.

Proposed section 15D

106.     The retrospective application of proposed section 15D only applies where a natural person has made an error in an electronic communication with an automated message system before the commencement date, and the resulting contract is formed after the commencement date.  In these circumstances, the natural person could rely on proposed section 15D to withdraw the portion of the electronic communication in which the input error was made (only if the particular circumstances prescribed in proposed section 15D that give rise to the right to withdraw the error exist).