What is a “law of the Commonwealth” for the purposes of the Electronic Transactions Act 1999?
You can satisfy a requirement of permission under a ‘law of the Commonwealth’ to give information in writing, provide a signature produce a document in material form, or retain information. A ‘law of the Commonwealth’, as it is used in the Electronic Transactions Act on and from 1 July 2001, refers to laws made by or under the authority of the Australian Government Parliament. Laws of the Commonwealth are not limited to Acts of Parliament. In some cases, subordinate legislation – regulations, rules and other instruments – operate together with the Act under which they are made to constitute a law. Subordinate legislation will be a ‘law of the Commonwealth’ if it constitutes a rule which must be complied with and which creates rights, obligations and liabilities. It is unlikely that, in the context of the Electronic Transactions Act, a law of the Commonwealth extends to include the common law.
