Consultation to inform options for implementing the Model Law on Electronic Transferable Records in Australia

Closes 28 Oct 2024

This service needs cookies enabled.

International interoperability and industry engagement (Questions 29–34)

Our current role is to develop and recommend options for implementing domestic legislation aligned with the MLETR. However, we are also interested in understanding broader and more practical considerations, to ensure that any MLETR-based framework we recommend to government is usable for industry. 

International legal interoperability (Questions 29–30

We are interested in views about our preliminary view that the MLETR would enable interoperability with international legal frameworks, and maximise the usability of electronic transferable records in cross-border transactions. 

Please refer to Part 5.1 of the Consultation Paper which informs Questions 29–30, and which also discusses Australia’s international engagement efforts to encourage greater adoption of MLETR-aligned laws.

MLETR technology (Questions 31–33)

We are not developing technology for the use of electronic transferable records. Instead, domestic legislation would provide industry with confidence that they may develop, and use, compliant technology solutions for their commercial purposes. However, we are interested in information from stakeholders about potential technological solutions which may comply with the MLETR, and any related practical challenges which stakeholders may foresee. 

Please refer to Part 5.2 of the Consultation Paper which informs Questions 31–33. 

Finally, we are interested in further views or strategies about how the government can encourage industry confidence in any approved MLETR-aligned framework.

Please refer to Part 5.3 of the Consultation Paper which informs Question 34. 

29. To what extent do you consider that adoption of the MLETR would enable an internationally-interoperable legal framework for electronic transferable records?
30. Assuming that Australia enacted legislation based on the MLETR: would you consider the legality of electronic transferable records in other international jurisdictions, before you adopted electronic transferable records into your business practices?

Please explain your answer, including (if applicable) the extent to which articles 17 and 18 of the MLETR would be sufficient for you to navigate between electronic and paper requirements.

(Please select one)

31. Are you aware of, or have you ever used, an electronic system to issue or transfer a unique electronic document, in a way that maintains exclusive ‘control’ of that document?

If yes, please describe your experiences using the system, broadly how the system tracked exclusive control of the record, and any challenges you experienced or of which you are aware?

(Please select one)

32. Please share any views on how the government can encourage interoperability between different technologies, and use of common data standards, under a MLETR-aligned legal framework?
33. What challenges do you expect software vendors may face in developing technology to enable the use and transfer of electronic transferable records in compliance with the MLETR?
34. How else can the Australian Government involve industry, and encourage industry readiness, to promote industry confidence in the usability of electronic transferable records?