Long Title

Part I PRELIMINARY

Part II ELECTRONIC RECORDS, SIGNATURES AND CONTRACTS

Part III SECURE ELECTRONIC RECORDS AND SIGNATURES

Part IV REGULATION OF SPECIFIED SECURITY PROCEDURES AND SPECIFIED SECURITY PROCEDURE PROVIDERS

Part V USE OF ELECTRONIC RECORDS AND SIGNATURES BY PUBLIC AGENCIES

Part VI LIABILITY OF NETWORK SERVICE PROVIDERS

Part VII GENERAL

FIRST SCHEDULE Matters excluded by section 4

SECOND SCHEDULE Specified security procedures

THIRD SCHEDULE Digital signatures

FOURTH SCHEDULE Designated persons

Legislative Source Key

Legislative History

Comparative Table

PART V
USE OF ELECTRONIC RECORDS
AND SIGNATURES BY PUBLIC AGENCIES
Acceptance of electronic filing and issue of documents
25.
—(1)  Any public agency that, pursuant to any written law —
(a)
accepts the filing of documents, or obtains information in any form;
(b)
requires that documents be created or retained;
(c)
requires documents, records or information to be provided or retained in their original form;
(d)
issues any permit, licence or approval; or
(e)
requires payment of any fee, charge or other amount by any method and manner of payment,
may, notwithstanding anything to the contrary in such written law, carry out that function by means of electronic records or in electronic form.
(2)  In any case where a public agency decides to perform any of the functions in subsection (1) by means of electronic records or in electronic form, the public agency may specify —
(a)
the manner and format in which such electronic records shall be filed, created, retained, issued or provided;
(b)
where such electronic records have to be signed, the type of electronic signature required (including, if applicable, a requirement that the sender use a particular type of secure electronic signature);
(c)
the manner and format in which such signature shall be affixed to the electronic record, and the identity of or criteria that shall be met by any specified security procedure provider used by the person filing the document;
(d)
such control processes and procedures as may be appropriate to ensure adequate integrity, security and confidentiality of electronic records or payments; and
(e)
any other required attributes for electronic records or payments that are currently specified for corresponding paper documents.
(3)  For the avoidance of doubt, notwithstanding anything to the contrary in any written law but subject to any specification made under subsection (2), where any person is required by any written law to —
(a)
file any document with or provide information in any form to a public agency;
(b)
create or retain any document for a public agency;
(c)
use a prescribed form for an application or notification to, or other transaction with, a public agency;
(d)
provide to or retain for a public agency any document, record or information in its original form; or
(e)
hold a licence, permit or other approval from a public agency,
such a requirement is satisfied by an electronic record specified by the public agency for that purpose and —
(i)
in the case of a requirement referred to in paragraph (a), (c) or (d), transmitted or retained (as the case may be) in the manner specified by the public agency;
(ii)
in the case of a requirement referred to in paragraph (b), created or retained (as the case may be) in the manner specified by the public agency; or
(iii)
in the case of a requirement referred to in paragraph (e), issued by the public agency.
(4)  Subject to sections 9 and 10, nothing in this Act shall by itself compel any public agency to accept or issue any document or information in the form of electronic records or to accept any payment in electronic form.
[ETA, s. 47]