Tremain Chris: Electronic Transactions (Contract Formation) Amendment Bill — In CommitteeText is incorporated into the Bound VolumeTremain Chris: Electronic Transactions (Contract Formation) Amendment Bill — In Committee[Sitting date: 09 April 2014. Volume:697;Page:17110. Text is incorporated into the Bound Volume.]Hon CHRIS TREMAIN (National—Napier):At this point in time we go through the Committee stage of the Electronic Transactions (Contract Formation) Amendment Bill and arrive at clause 3 which is dealing with the principal Act the Electronic Transactions Act 2002 which this bill amends. Through the good fortune of the athletic attributes of my colleague the Hon Todd McClay who—Hon Todd McClay: Climbed up the ladder.Hon CHRIS TREMAIN: —climbed up the ladder outside the Chamber here we managed to secure a copy of the Electronic Transactions Act 2002.Hon Todd McClay: I had a touch of vertigo.Hon CHRIS TREMAIN: He had a touch of vertigo. It was good to learn that it was the Hon Paul Swain who shepherded that particular bill through the House—a fine member of this House from the Government of the day. He would be in the Opposition now. I had the good fortune to deal with Mr Swain in a number of areas. In fact when I was Minister of Internal Affairs he led the fire review that we took through at that point in time.But the reason for clause 3 is to give us a clear sense of what we are changing because clause 3 talks about the principal Act. That is why I have got that Act here before us now. I know that my own colleagues will be interested to have a look at this because there are a range of clauses in here that I am sure you will be able to talk to and actually ask some questions of the member in the chair Paul Goldsmith. We want him to stand and answer some of these questions.What is really important to start off with—and I am sure that Mr Cosgrove will be really interested—is the purpose of the principal Act because that kind of defines where we are at and what we are actually changing. So if you will bear with me I just wanted to read through the purpose of the principal Act in Part 1: “The purpose of this Act is to facilitate the use of electronic technology”—Mr Swain was really ahead of his day back then in 2002—“by—(a) reducing uncertainty regarding—(i) the legal effect of information that is in electronic form or that is communicated by electronic means;”. So we are really getting to the heart of the bill here. It continues: “(ii) the time and place of dispatch and receipt of electronic communications; and (b) providing that certain paper-based legal requirements may be met by using electronic technology that is functionally equivalent to those legal requirements.”That is at the heart of how back then in 2002 departments like the Department of Internal Affairs were starting to lead the drive of this change in information and communications technology in a drive towards a digital economy and where it had its genesis. That is why today members such as the member in the chair Mr Goldsmith have taken it upon themselves to advance the legislation. There is nothing surer than that technology is changing faster than we know. I mean all of us—look at our kids. In fact it was interesting because my son the other day came up to me—he is 17 years old—and it was the first time in a while he had to send a letter. He said: “Dad what side of the envelope does the stamp go on?”.Tim Macindoe: Really? Good lord.Hon CHRIS TREMAIN: Yes. It is quite incredible to understand how much the electronic age is changing us.The bill before us seeks to amend that principal Act that 2002 Act in the purpose clause. In particular the really relevant section in this 2002 Act is section 13 and you will note that later in the debate on the bill tonight—I think when we get to clause 5 if I am not wrong—we amend section 13. So in thinking about that that amendment becomes new section 13A. What I want to remind members of tonight is the principal Act and what is actually section 13 now.Hon Clayton Cosgrove: Wow!Hon CHRIS TREMAIN: I know Mr Cosgrove that you would be interested would you not? Section 13 of the Act is “Place of receipt” and that part of the legislation says that “An electronic communication is taken to be received at—(a) the addressee’s place of business; or (b) if the addressee—”