Electronic transactions and credit

The Electronic Transactions Regulations (Cth) have been remade to reduce the list of credit-related documents that cannot be sent electronically under the Electronic Transactions Act (Cth).

The following Credit Code documents are now permitted to be sent electronically:

(a) a guarantee to which the Code applies under section 8;
(b) a copy of a guarantee given under section 57(1)(a) of the Code;
(c) a copy of a credit contract given under section 57(1)(b) of the Code to a guarantor;
(d) a copy of a contract document given under section 59(2)(a) of the Code to a guarantor;
(e) a notice setting out particulars of the change in the terms of the credit contract under section 61(1)(a) of the Code (notice of an increase in a guarantor’s liabilities).

The following Credit Code transactions and documents are still not permitted to be made, given or provided by electronic communication:
(f) a default notice under section 88(1) of the Code;
(g) a default notice under section 88(2) of the Code;
(h) information concerning the provisions of section 99 of the Credit Code provided to the occupier of premises under section 99(1)(b) of the Credit Code;
(i) a request for entry to premises under section 87(a) of the regulations;
(j) a consent to enter premises under section 87(c) of the regulations;
(k) a notice under section 102(1) of the Code (notice after taking possession of goods);
(l) a demand made on the supplier under section 130(5)(a) of the Code;
(m) a demand made on the supplier under section 130(6)(a) of the Code;
(n) a notice of intention to repossess under section 178(1) of the Code (notice of repossession under consumer lease);
(o) a transaction on which duty is only charged under the laws of the relevant jurisdiction if the transaction is effected or evidenced by an instrument or document in hard copy form;
(p) an instrument on which duty is only charged under the laws of the relevant jurisdiction if the instrument is in hard copy form.

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David Jacobson

Author: David Jacobson
Principal, Bright Corporate Law
About David Jacobson
The information contained in this article is not legal advice. It is not to be relied upon as a full statement of the law. You should seek professional advice for your specific needs and circumstances before acting or relying on any of the content.

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