Electronic Transactions Amendment Act 2011 (Australia) (May 25, 2011) (full-text).
This Act updates the Electronic Transactions Act 1999 and modernizes Australian law to reflect internationally recognized standards on electronic commerce and recent developments in technology. The Act aligns Australian law with the 2005 United Nations Convention on the Use of Electronic Communications in International Contracts.
The amendments include:
- clarification of certain uncertainties in using electronic communications in the formation and performance of contracts;
- clarification that a contract can still be legally effective despite being formed by an automated message system;
- refinement of default rules for determining whether the method used for an electronic signature is reliable;
- clarification of an invitation to treat; and
- provision of default rules to ascertain the place of business of the parties to a transaction, taking into account modern business practices, such as the use of automated message systems, assisting parties to determine the jurisdiction in which the contract was formed.