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Electronic Commerce Act 2006 [Act 658]

Part III

FULFILMENT OF LEGAL REQUIREMENTS BY ELECTRONIC MEANS

8 Writing

Where any law requires information to be in writing, the requirement of the law is fulfilled if the information is contained in an electronic message that is accessible and intelligible so as to be usable for subsequent reference.

9 Signature

(1) Where any law requires a signature of a person on a document, the requirement of the law is fulfilled, if the document is in the form of an electronic message, by an electronic signature which-

(a) is attached to or is logically associated with the electronic message;

(b) adequately identifies the person and adequately indicates the person's approval of the information to which the signature relates; and

(c) is as reliable as is appropriate given the purpose for which, and the circumstances in which, the signature is required.


(2) For the purposes of paragraph (1)(c), an electronic signature is as reliable as is appropriate if-

(a) the means of creating the electronic signature is linked to and under the control of that person only;

(b) any alteration made to the electronic signature after the time of signing is detectable; and

(c) any alteration made to that document after the time of signing is detectable.


(3) The Digital Signature Act 1997 [Act 562] shall continue to apply to any digital signature used as an electronic signature in any commercial transaction.

10 Seal

(1) Where any law requires a seal to be affixed to a document, the requirement of the law is fulfilled, if the document is in the form of an electronic message, by a digital signature as provided under the Digital Signature Act 1997.

(2) Notwithstanding subsection (1), the Minister may, by order in the Gazette, prescribe any other electronic signature that fulfills the requirement of affixing a seal in an electronic message.

11 Witness

Where any law requires the signature of a witness on a document, the requirement of the law is fulfilled, if the document is in the form of an electronic message, by an electronic signature of the witness that complies with the requirements of section 9.

12 Original

(1) Where any law requires any document to be in its original form, the requirement of the law is fulfilled by a document in the form of an electronic message if-

(a) there exists a reliable assurance as to the integrity of the information contained in the electronic message from the time it is first generated in its final form; and

(b) the electronic message is accessible and intelligible so as to be usable for subsequent reference.


(2) For the purposes of paragraph (1)(a)-

(a) the criteria for assessing the integrity of the information shall be whether the information has remained complete and unaltered, apart from the addition of any endorsement or any change which arises in the normal course of communication, storage and display; and

(b) the standard of reliability required shall be assessed in the light of the purpose for which the document was generated and in the light of all other relevant circumstances.

13 Retention of document

Where any law requires any document to be retained, the requirement of the law is fulfilled by retaining the document in the form of an electronic message if the electronic message-

(a) is retained in the format in which it is generated, sent or received, or in a format that does not materially change the information contained in the electronic message that was originally generated, sent or received;

(b) is accessible and intelligible so as to be usable for subsequent reference; and

(c) identifies the origin and destination of the electronic message and the date and time it is sent or received.

14 Copy

Where any law requires any document to be retained, served, sent or delivered in more than one copy, the requirement of the law is fulfilled, if the document is in the form of an electronic message, by retention, service, sending or delivery of the document in one copy.

15 Prescribed form

Where any law requires any document to be in a prescribed form, the requirement of the law is fulfilled by a document in the form of an electronic message if the electronic message is-

(a) formatted in the same or substantially the same way as the prescribed form;

(b) accessible and intelligible so as to be usable for subsequent reference; and

(c) capable of being retained by the other person.

16 Service and delivery

(1) Where any law requires any document to be served, sent or delivered, the requirement of the law is fulfilled by the service, sending or delivery of the document by an electronic means if an information processing system is in place-

(a) to identify the origin, destination, time and date of service, sending or delivery; and

(b) for the acknowledgement of receipt,


of the document.

(2) This section does not apply to-

(a) any notice of default, notice of demand, notice to show cause, notice of repossession or any similar notices which are required to be served prior to commencing a legal proceeding; and

(b) any originating process, pleading, affidavit or other documents which are required to be served pursuant to a legal proceeding.



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