Guide · Buying things · 3 min read
Reading electronic transactions law
Find the provisions on electronic records and writing, together with the amending legislation.
In plain English · by srilaws · not legal advice· Law as at 2 Nov 2017

The short answer
The Electronic Transactions Act contains rules on recognising electronic records. It also addresses satisfying a requirement for writing. It also has exceptions to its application.
Electronic Transactions Act s 3Electronic Transactions Act s 4Electronic Transactions Act s 23
On this page · 8 parts
Electronic form
The recognition provision says that a communication is not to be denied legal recognition, effect, validity or enforceability on the ground that it is in electronic form.
A requirement for writing
The writing provision addresses information in electronic form that is accessible for later reference.
Check the exceptions and amendments
The Act contains an exceptions provision. Read it before treating the general recognition rule as applying to a particular document or transaction.
Electronic Transactions Act s 23
The Electronic Transactions Amendment Act changes provisions of the principal Act. Read the original text alongside the amending text rather than assuming that the original publication incorporates later changes.
Distinguish the legal questions
The general recognition rule addresses rejection merely because a communication is electronic. It does not say that every electronic record automatically proves all the facts stated in it. The writing provision asks a different question: whether the information is accessible so that it can be used for subsequent reference. For a document you are researching, identify the legal requirement you are trying to satisfy before choosing the relevant section. Keep the original electronic file and context available rather than assume a printout answers every question.
Check the document category
The original exceptions provision lists wills and other testamentary dispositions, specified telecommunications licences, bills of exchange, powers of attorney and certain trusts. It also lists contracts for sale or conveyance of immovable property or an interest in it, and allows further categories to be specified by regulation. This is a description of the cited original publication, not a confirmation that its exception list remains unchanged. Identify the document category and read the amendments and applicable regulations before applying the general electronic-form rule.
Follow an amendment to the provision it changes
The cited amending Act changes the principal Act’s original-form provision by replacing wording about when a record was made available electronically with wording about when it was first generated in its final form. This illustrates why an amendment should be read together with the affected section, rather than as a standalone substitute for the whole Act. Record which publication and provision you used when saving a source. A later change to a requirement can matter even where the general recognition principle looks unchanged.
Read the source
This is a route into the source documents, not a conclusion that a particular electronic signature, contract or record is valid.
Read this as a guide to the cited publications. Check later amendments before relying on them as current law.
Laws in this guide
- s 3Electronic Transactions Act
Explained in this guide
- s 4Electronic Transactions Act
Explained in this guide
- s 23Electronic Transactions Act
Explained in this guide
- Electronic Transactions (Amendment) Act
Explained in this guide
- s 4Electronic Transactions (Amendment) Act
Explained in this guide
Ask about your situation
Tell us what’s going on. The answer draws on the laws this guide cites.