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Contents

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

 
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On 26/05/2013, you requested for the version in force on 26/05/2013 incorporating all amendments published on or before 26/05/2013. The closest version currently available is that of 02/01/2013.
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Secure electronic record
17.
—(1)  If a specified security procedure, or a commercially reasonable security procedure agreed to by the parties involved, has been properly applied to an electronic record to verify that the electronic record has not been altered since a specific point in time, such record shall be treated as a secure electronic record from such specific point in time to the time of verification.
(2)  For the purposes of this section and section 18, whether a security procedure is commercially reasonable shall be determined having regard to the purposes of the procedure and the commercial circumstances at the time the procedure was used, including —
(a)
the nature of the transaction;
(b)
the sophistication of the parties;
(c)
the volume of similar transactions engaged in by either or all parties;
(d)
the availability of alternatives offered to but rejected by any party;
(e)
the cost of alternative procedures; and
(f)
the procedures in general use for similar types of transactions.
[ETA, s. 16]