Document ID: chunk:federal_register_of_legislation:C2011C00445:section:15
Version: federal_register_of_legislation:C2011C00445
Segment Type: section
Provision Reference: s 15
Character Range: 30381–31732

15  Attribution of electronic communications

 (1) For the purposes of a law of the Commonwealth, unless otherwise agreed between the purported originator and the addressee of an electronic communication, the purported originator of the electronic communication is bound by that communication only if the communication was sent by the purported originator or with the authority of the purported originator.

 (2) Subsection (1) is not intended to affect the operation of a law (whether written or unwritten) that makes provision for:
 (a) conduct engaged in by a person within the scope of the person's actual or apparent authority to be attributed to another person; or
 (b) a person to be bound by conduct engaged in by another person within the scope of the other person's actual or apparent authority.

Certain provisions of the Evidence Act 1995 etc. not affected

 (5) This section does not affect the operation of:
 (a) section 87 or 88 of the Evidence Act 1995; or
 (b) a law of a State or Territory that corresponds to section 87 or 88 of the Evidence Act 1995; or
 (c) a law of a State or Territory, or a rule of common law, that provides for a statement made by a person to be treated as an admission made by a party to a proceeding in a court.

Part 2A—Additional provisions applying to contracts involving electronic communications