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SLI 2010 No. 96 Regulations as made
These Regulations amend the Electronic Transactions Regulations 2000 to replicate the electronic transactions such as a credit contract and a default notice, which were exempt under the credit regulation scheme administered by the states and territories. These Regulations also contain additional provisions concerning the manner of serving a notice or other document under the National Consumer Credit Protection Act 2009, and determination of the date of a notice or other document sent by fax.
Administered by: Attorney-General's
Registered 25 May 2010
Tabling HistoryDate
Tabled HR27-May-2010
Tabled Senate15-Jun-2010
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Electronic Transactions Amendment Regulations 2010 (No. 1)1

Select Legislative Instrument 2010 No. 96

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Electronic Transactions Act 1999.

Dated 20 May 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ROBERT MCCLELLAND


1              Name of Regulations

                These Regulations are the Electronic Transactions Amendment Regulations 2010 (No. 1).

2              Commencement

                These Regulations commence on 1 July 2010.

3              Amendment of Electronic Transactions Regulations 2000

                Schedule 1 amends the Electronic Transactions Regulations 2000.


Schedule 1        Amendments

(regulation 3)

 

[1]           Before regulation 1

insert

Part 1                 Preliminary

  

[2]           After regulation 3

insert

Part 2                 Exemptions

  

[3]           After regulation 7

insert

Part 3                 Electronic communications under National Consumer Credit Protection Act 2009

  

8              Application

                This Part applies to electronic communications under the National Consumer Credit Protection Act 2009.

9              Definitions

                In this Part:

debtor has the same meaning as in subsection 204 (1) of Schedule 1 to the National Consumer Credit Protection Act 2009.

guarantor has the same meaning as in subsection 204 (1) of Schedule 1 to the National Consumer Credit Protection Act 2009.

mortgage has the same meaning as in subsection 5 (1) of the National Consumer Credit Protection Act 2009.

mortgagor has the same meaning as in subsection 5 (1) of the National Consumer Credit Protection Act 2009.

10            Manner of giving notice or other document

         (1)   A debtor, mortgagor or guarantor may consent to the giving of documents by electronic communication only after being told that, if written consent is given:

                (a)    paper documents may no longer be given; and

               (b)    electronic communications must be regularly checked for documents; and

                (c)    consent to the giving of documents by electronic communication may be withdrawn at any time.

         (2)   A credit provider may, with the written consent of the debtor, mortgagor or guarantor, serve a notice or other document on the debtor, mortgagor or guarantor by:

                (a)    making the notice or other document available for a reasonable period on the credit provider’s information system for retrieval by electronic communication by the debtor, mortgagor or guarantor; and

               (b)    promptly notifying the debtor, mortgagor or guarantor by electronic communication that the notice or other document is available for retrieval on that information system and the nature of the notice or other document; and

                (c)    providing the debtor, mortgagor or guarantor with the ability to retrieve the notice or other document by electronic communication.

         (3)   A person, other than a debtor, mortgagor or guarantor, may consent to the giving of documents by electronic communication only after being told that, if written consent is given:

                (a)    paper documents may no longer be given; and

               (b)    electronic communications must be regularly checked for documents; and

                (c)    consent to the giving of documents by electronic communication may be withdrawn at any time.

         (4)   If a notice or other document is given by sending it to a nominated electronic address or in a manner described in this regulation:

                (a)    it must be in a format that allows it to be saved to an electronic file and to be printed; and

               (b)    at the time it was sent or was made available on the credit provider’s information system, it would have been reasonable to expect that the intended recipient would be able to save it to an electronic file and print it.

         (5)   A nomination or consent ceases to have effect when it is cancelled or withdrawn by the person who gave it.

11            Date of faxed notice or other document

                A notice or other document that is sent by fax is taken to be given on the later of the following dates:

                (a)    the date on the notice or other document;

               (b)    the date indicated in a report by the transmitting fax machine that the notice or other document was transmitted to the addressee.

[4]           Schedule 1, after item 85

insert

86

The following provisions of Schedule 1 to the National Consumer Credit Protection Act 2009:

   (a)  section 8;

   (b)  paragraph 57 (1) (a);

   (c)  paragraph 57 (1) (b);

   (d)  paragraph 59 (2) (a);

   (e)  paragraph 61 (1) (a);

   (f)  paragraph 88 (1) (a);

   (g)  paragraph 88 (2) (a);

   (h)  paragraph 99 (1) (b);

    (i)  subsection 102 (1);

    (j)  paragraph 130 (5) (a);

Subsection 8 (1), Division 2 of Part 2 and sections 14 and 15

 

   (k)  paragraph 130 (6) (a);

    (l)  subsection 178 (1);

  (m)  a provision that provides that duty is charged on a transaction only if the transaction is effected or evidenced by an instrument or document in hard copy form;

   (n)  a provision that provides that duty is charged on an instrument only if the instrument is in hard copy form

 

86A

The following provisions of the National Consumer Credit Protection Regulations 2010:

   (a)  paragraph 87 (a);

   (b)  paragraph 87 (c);

   (c)  a provision that provides that duty is charged on a transaction only if the transaction is effected or evidenced by an instrument or document in hard copy form;

   (d)  a provision that provides that duty is charged on an instrument only if the instrument is in hard copy form

subsection 8 (1), Division 2 of Part 2 and sections 14 and 15


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.