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National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

See section 3 of the National Credit Act.

PART 12 - MISCELLANEOUS  

Division 2 - Documentary provisions  

187   Electronic transactions and documents  

187(1)    
Without limiting the provisions of this Code, it is declared that any contract, mortgage or guarantee referred to in this Code may be made in accordance with the Electronic Transactions Act 1999 .

187(2)    
Without limiting the provisions of this Code, it is declared that any requirement or permission by or under this Code, however expressed:


(a) to give information in writing; or


(b) to provide a signature; or


(c) to produce a document; or


(d) to record information in writing; or


(e) to retain a document;

may be met in accordance with the Electronic Transactions Act 1999 .

Example: Giving information would include the requirement under subsection 36(1) to provide a statement of amount owing.

Note 1:

Subsection 9(5) of the Electronic Transactions Act 1999 has a definition relating to the giving of information. That definition provides, generally, that giving information includes, but is not limited to, the following:

  • (a) making an application;
  • (b) making or lodging a claim;
  • (c) giving, sending or serving a notification;
  • (d) lodging a return;
  • (e) making a request;
  • (f) making a declaration;
  • (g) lodging or issuing a certificate;
  • (h) making, varying or cancelling an election;
  • (i) lodging an objection;
  • (j) giving a statement of reasons.

    • Note 2:

    See regulations made under the Electronic Transactions Act 1999 for exemptions relating to electronic transactions.

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