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Year 2000 Information Disclosure Bill 1999

Part 1 Introduction

   

1   Short title

                   This Act may be cited as the Year 2000 Information Disclosure Act 1999 .

2   Commencement

                   This Act commences on the day after the day on which it receives the Royal Assent.

3   Simplified outline

                   The following is a simplified outline of this Act:

•      This Act provides a framework to encourage the voluntary disclosure and exchange of information about Year 2000 computer problems and remediation efforts.

•      A person may make a Year 2000 disclosure statement for the purposes of this Act at any time after the commencement of this Act and before 1 July 2001.

•      A person is protected from civil liability for a Year 2000 disclosure statement unless one of the exceptions set out in this Act applies.

•      A Year 2000 disclosure statement does not amend a contract unless the parties otherwise agree.

•      Arrangements for the disclosure of Year 2000 information are exempt from section 45 of the Trade Practices Act 1974 (which deals with anti-competitive conduct).

4   Definitions

                   In this Act, unless the contrary intention appears:

acquire , in relation to goods or services, has the same meaning as in the Trade Practices Act 1974 .

arrive at , in relation to an understanding, includes reach or enter into.

civil action means a civil action in a court, and includes a civil proceeding in a court.

consequences includes potential consequences.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

data storage device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device.

electronic communication of speech means a communication of speech by means of guided and/or unguided electromagnetic energy (for example, a telephone call or a radio broadcast).

electronic communication of writing means a communication of writing by means of guided and/or unguided electromagnetic energy (for example, a facsimile transmission or electronic mail).

goods has the same meaning as in the Trade Practices Act 1974.

implications includes potential implications.

original Year 2000 disclosure statement has the meaning given by section 8.

prescribed self-governing Territory means a self-governing Territory specified in the regulations.

problems includes potential problems.

republished Year 2000 disclosure statement has the meaning given by section 9.

self-governing Territory means:

                     (a)  the Australian Capital Territory; or

                     (b)  the Northern Territory; or

                     (c)  Norfolk Island.

services has the same meaning as in the Trade Practices Act 1974 .

statement includes:

                     (a)  a distinct part of a statement; and

                     (b)  a statement made to the public or a section of the public.

supply has the same meaning as in the Trade Practices Act 1974 .

Year 2000 disclosure statement has the meaning given by section 7.

Year 2000 processing means the processing (including calculating, comparing, sequencing, displaying or storing), transmitting or receiving of date data (whether or not the date data relates to the year 2000).

5   Crown to be bound

                   This Act binds the Crown in each of its capacities.

6   External Territories

                   This Act extends to all the external Territories.