Document ID: chunk:federal_register_of_legislation:C2011C00445:section:12:p1
Version: federal_register_of_legislation:C2011C00445
Segment Type: section
Provision Reference: s 12 (pt 1/2)
Character Range: 21427–24181

12  Retention

Recording of information

 (1) If, under a law of the Commonwealth, a person is required to record information in writing, that requirement is taken to have been met if the person records the information in electronic form, where:
 (a) in all cases—at the time of the recording of the information, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and
 (b) if the regulations require that the information be recorded, in electronic form, on a particular kind of data storage device—that requirement has been met.

Retention of written document

 (2) If, under a law of the Commonwealth, a person is required to retain, for a particular period, a document that is in the form of paper, an article or other material, that requirement is taken to have been met if the person retains an electronic form of the document throughout that period, where:
 (a) in all cases—having regard to all the relevant circumstances at the time of the generation of the electronic form of the document, the method of generating the electronic form of the document provided a reliable means of assuring the maintenance of the integrity of the information contained in the document; and
 (b) in all cases—at the time of the generation of the electronic form of the document, it was reasonable to expect that the information contained in the electronic form of the document would be readily accessible so as to be useable for subsequent reference; and
 (c) if the regulations require that the electronic form of the document be retained on a particular kind of data storage device—that requirement has been met.

 (3) For the purposes of subsection (2), the integrity of information contained in a document is maintained if, and only if, the information has remained complete and unaltered, apart from:
 (a) the addition of any endorsement; or
 (b) any immaterial change;
which arises in the normal course of communication, storage or display.

Retention of electronic communications

 (4) If, under a law of the Commonwealth, a person (the first person) is required to retain, for a particular period, information that was the subject of an electronic communication, that requirement is taken to be met if the first person retains, or causes another person to retain, in electronic form, the information throughout that period, where:
 (a) in all cases—at the time of commencement of the retention of the information, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and
 (b) in all cases—having regard to all the relevant circumstances at the time of commencement of the retention of the information, the method