When you sign a contract using an electronic signature, click 'I accept' on online T&Cs, or send an important document by email – how can you be sure that what you are doing is legally valid?
The Electronic Transactions Act 1999 (Cth) (ETA) is an Australian law which lets valid electronic transactions take place. Simply put – it says that any legal requirement to sign, send or record written information or documents, can generally be done using electronic tools, so long as certain steps are taken to ensure validity, authenticity and access.
This gives Australians greater certainty to communicate and do business electronically – while also protecting consumers from unjust outcomes.
In 2021, the Deregulation Taskforce published the Modernising Document Execution (MDE) consultation paper, which focused on execution requirements for special documents like deeds and statutory declarations.
Through that process, respondents also identified issues with the ETA, such as:
The ETA is an important feature of the growing digital economy and, as an Act of general application, interacts closely with other laws – so it is important that people are aware of how it operates and that the government is aware of any concerns in relation to its use.
As such, the government is seeking public views on the ETA and how it operates in practice.
This consultation is designed to start an ongoing discussion on the ETA, including any challenges with its application or any confusion experienced by those interacting in the digital economy. Views collected from the community will help us prepare practical resources that will support the effective implementation of the ETA, improve understanding of the ETA legal framework, and provide guidance on how digital best practice can be applied. Feedback received will be taken into consideration in any future reform process.
The government wants to hear the views of a broad range of stakeholders – including members of the public, commercial and legal groups, consumer advocates, business and tech organisations and government law designers.
Please note that you do not have to answer all of the questions in this consultation process. The only mandatory questions relate to your contact details and, on the last page, whether you consent to make your submissions public.
Share
Share on Twitter Share on Facebook