Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Year 2000 Information Disclosure Bill 1999

Part 2 Year 2000 disclosure statements

   

7   Year 2000 disclosure statements

                   For the purposes of this Act, a Year 2000 disclosure statement is:

                     (a)  an original Year 2000 disclosure statement (see section 8); or

                     (b)  a republished Year 2000 disclosure statement (see section 9).

8   Original Year 2000 disclosure statements

             (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 processing;

                            (iii)  the prevention of problems relating to Year 2000 processing;

                            (iv)  the remediation of problems relating to Year 2000 processing;

                             (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 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;

                           (viii)  contingency planning, risk management, remediation efforts or other arrangements for dealing with consequences or implications referred to in subparagraph (vii); and

                     (b)  includes words to the effect that the statement is a Year 2000 disclosure statement for the purposes of this Act; and

                     (c)  includes words to the effect that a person may be protected by this Act from liability for the statement in certain circumstances; and

                     (d)  is made after the commencement of this section and before 1 July 2001; and

                     (e)  identifies the person who authorised the statement; and

                      (f)  satisfies one of the following conditions:

                              (i)  the statement is made in writing;

                             (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 communication of writing.

             (2)  The subparagraphs of paragraph (1)(a) do not limit each other.

             (3)  A statement is taken to comply with paragraphs (1)(b) and (c) if the statement includes the following words:

This statement is a Year 2000 disclosure statement for 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.

9   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, reproduction, recital or reading aloud of the whole of an original Year 2000 disclosure statement; and

                     (b)  is made after the commencement of this section and before 1 July 2001; and

                     (c)  is made:

                              (i)  orally; or

                             (ii)  in writing; or

                            (iii)  in a data storage device; or

                            (iv)  by way of an electronic communication of writing; or

                             (v)  by way of an electronic communication of speech.