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e-business enhanced in NSW.

03/11/2010

Its now commonplace to buy and sell goods and services online.  All kindsw of business-to-business and consumer transactions are conducted using the internet, email, text and voice messages. The NSW Government has made new laws making it easier to make business contracts electronically.

The Electronic Transactions Amendment Act 2010 No 68 clarifies how offers can be made and accepted in NSW via electronic communications. Specifically, the amendments:

  • expand the kinds of documents that can be sent electronically;
  • simplify the proof of authenticity of electronic signatures;
  • allows contracts to be made by automated systems even without human intervention;
  • mandate systems allowing customers to withdraw messages containing input errors;
  • clarify when and where electronic messages are dispatched and received; and
  • creates a presumption that unaddressed offers are an invitation to treat, rather than an offer to the world.

The legislation reflects a national, model law promoted by COAG which enables Australia to accede to the UN Convention on the Use of Electronic Communications in International Contracts 2005.

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