Document ID: chunk:federal_register_of_legislation:C2004A00883:clause:4_56c:p1
Version: federal_register_of_legislation:C2004A00883
Segment Type: clause
Provision Reference: sch 4 cl 56C (pt 1/2)
Character Range: 31279–34138

56C  Electronic communications from students to institutions

 (1) This section applies in relation to a document, notice, certificate or request that:
 (a) is described in one of the following provisions:
 (i) subparagraph 41(1)(a)(ii);
 (ii) paragraph 41(1)(b);
 (iii) paragraph 41(1A)(c);
 (iv) paragraph 41B(2)(a);
 (v) paragraph 41B(2)(b);
 (vi) section 55; and
 (b) is required or permitted by the provision to be given by the student to the appropriate officer of the institution.

 (2) The student complies with the provision, so far as it requires or permits the student to give the document, notice, certificate or request to the officer, if the student gives the document, notice, certificate or request to the officer:
 (a) by electronic communication using an information system:
 (i) that is declared by an appropriate officer of the institution to be a system that may be used by any student to give to an appropriate officer of the institution such a document, notice, certificate or request; and
 (ii) that is declared by the Minister to meet guidelines relating to information systems that may be used to give such a document, notice, certificate or request; and
 (b) at a time when section 9 of the Electronic Transactions Act 1999 does not apply to the requirement or permission because of regulations made under that Act.

 (3) This section does not limit the ways in which the student may comply with the provision.

Declaration by appropriate officers of institution

 (4) An appropriate officer of an institution may declare, in writing given to the Minister, that a specified information system may be used by any student to give to an appropriate officer of the institution a document, notice, certificate or request required or permitted by a provision mentioned in paragraph (1)(a) to be given by a student to an appropriate officer of the institution.

Note: A declaration under this subsection may be revoked. See subsection 33(3) of the Acts Interpretation Act 1901.

Declarations by Minister

 (5) The Minister may declare, in writing given to an institution, that a specified information system meets the guidelines relating to information systems that may be used by a student to give to an appropriate officer of the institution a document, notice, certificate or request that the student is required or permitted by a provision mentioned in paragraph (1)(a) to give.

Note: A declaration under this subsection may be revoked. See subsection 33(3) of the Acts Interpretation Act 1901.

Guidelines

 (6) The Minister may issue written guidelines relating to information systems that may be used to give documents, notices, certificates or requests that students are required or permitted by a provision mentioned in paragraph (1)(a) to give.

Note: Guidelines under this subsection may be revoked or varied. See subsection