Consultation to inform options for implementing the Model Law on Electronic Transferable Records in Australia
Feedback updated 13 May 2025
We asked
From September to October 2024, we consulted with the public on potential options for enacting legislation aligned with the Model Law of Electronic Transferable Records (MLETR) in Australia, to help inform future advice to the Australian Government.
The MLETR is an instrument developed by the UN Commission on International Trade Law (UNCITRAL). It confirms the legal validity of electronic versions of ‘transferable records’ (electronic transferable records, or ETRs) that meet core functionality standards.
Stakeholders have previously told government that legally recognising ETRs is a necessary step towards enabling trade document digitisation in Australia. ‘Transferable records’ are key trade documents, including bills of lading and bills of exchange, which generally must be physically possessed in paper form.
You said
What did the consultation process reveal?
We received 26 submissions, representing a range of stakeholder groups across industry, technology, government, and academia.
Submissions covered several key themes, such as:
- the value of unlocking ‘paperless trade’ in Australia
- how MLETR-aligned legislation is an essential foundation for paperless trade
- the importance of consistency for MLETR-aligned legislation
- important interactions between the MLETR and existing Australian law
- government’s role in encouraging industry confidence and certainty in ETRs.
We did
We have published the non-confidential submissions on our Consultation hub. Read submissions to the MLETR consultation.
We continue to analyse stakeholder responses to build a list of potential options for implementing the MLETR in Australia, which we will present to government in 2025.
Subject to government approval, we will undertake further work to progress legislative reform, and develop guidance materials to help support industry engagement with the legislation.
This work will likely involve further consultation, on more targeted questions relating to the approved implementation option.
Published responses
View submitted responses where consent has been given to publish the response.
Overview
We are undertaking a public consultation to advise the Australian Government on options for implementing legislation aligned with the Model Law on Electronic Transferable Records (MLETR).
The MLETR is a model law developed by the UN Commission on International Trade Law (UNCITRAL).
It contains a set of provisions which, if adopted into domestic law, would confirm that transferable records in the form of electronic data (or ‘electronic transferable records’) have the same legal status as traditional paper versions of those documents.
Implementing the MLETR would give industry the confidence to choose to use electronic ways of managing transferable records, and so enjoy any associated efficiencies or other benefits.
‘Transferable records’ include paper documents like bills of lading, bills of exchange, warehouse receipts, letters of credit, transferable insurance certificates, promissory notes, and other documents which give the ‘possessor’ rights to goods or money.
How to share your views
We invite individuals and organisations to share your views via the 'Make a submission' link below. The consultation opens on 16 September 2024 and closes on 28 October 2024.
Our preference is that you share your views by answering our consultation questions directly in the survey. This will allow us to more easily cross-reference positions and data.
You may also upload a document containing your written answer to the survey questions, via the ‘Final questions and document upload’ survey sub-page. To help us analyse data more effectively, please identify whichever questions you are answering in your response.
The accompanying Consultation Paper below informs the questions in this survey. Please download, read and refer to this Consultation Paper as you share your views. However, we have also briefly summarised the information in the Consultation Paper throughout the online survey.
You do not need to complete the survey questions in one sitting: if you exit the survey before completing it, you may receive a unique link, which will allow you to return to the survey.
Who we want to hear from
We are interested in views from:
- trade participants (including exporters, importers and shippers involved in domestic and cross-border trade)
- trade facilitators (including freight forwarders, logistics companies, banks and insurance companies)
- legal experts
- technology providers (including developers and operators)
- academics
- relevant representative organisations and peak bodies
- individuals with an interest in trade and trade finance.
Why we are consulting
Transferable records are an essential requirement in many Australian and international trade processes. However, despite advances in technology, most cross-border trade documents (including transferable records) are still used in paper form.
We have heard that the need to produce paper transferable records can disrupt the trade of goods or other processes, causing inefficiencies and costs along the supply chain. These costs and complexities can create a barrier to trade, particularly for resource-constrained small businesses.
At this stage, we are seeking to explore options for reform to confirm the legal validity of electronic transferable records in a way that:
- promotes industry confidence
- preserves the key functions of these records
- is consistent with existing Australian law
- is interoperable with the legal frameworks of our trading partners.
Further, the delivery of options for legislation aligned with the MLETR is part of the government’s Simplified Trade System (STS) reforms. These reforms will deliver benefits to business by simplifying and modernising Australia’s cross-border trade regulatory environment.
What happens next
After this consultation, we will analyse responses to build potential options for implementing the MLETR in Australia.
Subject to government approval of any option, we will undertake further work to implement appropriate legislation under Australian domestic law.
How to share your views
Read our Consultation Paper and contribute to the development of potential implementation options by responding to our questions using the ‘Make a submission’ link below.
Interests
- Government
- Legislation
- United Nations
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