[1] Faerber CN, "Book versus Byte: The Prospects and Desirability of a Paperless Society" (1999) 17 J Marshall Journal of Computer & Information Law 797, 806.
[2] ACLU v Reno 929 Fsupp 824 (ED Pa 1996).
[3] D Whalan, 'Electronic Computer Technology and the Torrens System' (1967) 40 Australian Law Journal 413 and Kirby, M, 'The computer, the individual and the Law' (1981) 55 Australian Law Journal 443, 455.
[4] See C Hammond, 'The abolition of the duplicate certificate of title and its potential effect on fraudulent claims over Torrens land' (2000) 8 Australian Property Law Journal 115, where the author looked at whether the abolition of the certificate of title increases the potential for fraud to occur and concluded that the "production of a duplicate certificate of title operates as an effective safeguard against third party fraud. The extremely rare cases of fraud by third parties across all three jurisdictions bears this out. However, the existence of a duplicate certificate of title is less effective as a safeguard where 'trusted agents', friends or family are involved in the fraud. In these cases, access to the duplicate certificate of title by the fraudulent party makes it easier for them to perpetrate fraud and to obtain registration of the fraudulent dealing": at 130.
[5] Teraview's website is http://www.teraview.ca
[6] Teranet's website is http://www.teranet.ca
[7] Section 19 Land Registration Reform Act R.S.O 1990 provides: "the Minister responsible for the administration of this Act may by regulation designate all or any part of land that has been designated under Part II as: (a) an area in which documents may be registered in either an electronic format or a written form; (b) an area in which documents must be registered in both an electronic format and a written form; or (c) an area in which documents must be registered in an electronic format alone"."The plan is to introduce electronic registration first on an optional basis and after a transition period, a second Regulation will be filed for the purposes of required the electronic registration of most land titles documents": K Murray, Director of Titles, Ministry of Consumer and Business Services, 'Legislation and Regulations relating to Electronic Registration of Land Titles Documents', April 2003
[8] 'Electronic land registration improves service in Toronto', 23 September 2002, http://www.cbs.gov.on.ca/mcbs/English/5E9QVA.htm
[9] 'Electronic Land Registration hits the three million mark in Ontario', 14 June 2004, http://www.teranet.ca/corporate/news/threemillion.html
[10] Consent from the client is required to be obtained in a particular form. See [5.4] below.
[11] Each electronically registered document must contain prescribed information. Among the types of information which may be included or used are statements which call for an application of legal expertise based on legal judgements. These statements are called "Compliance with Law Statements": Law Society of Upper Canada, Practice Guidelines for Electronic Registration of Title Documents - as approved by Convocation June 28, 2002, Practice Guideline 6 'Use of Compliance with Law Statements', http://www.lsuc.on.ca/news/pdf/july08_eregguidelines.pdf For example, to register a transfer under a power of sale, a statement confirming that all the appropriate requirements have been satisfied for the power of sale to be completed and the transfer registered must be made. Section 40 of O.Reg 19/99 prescribes those documents where a law statement is required. The electronic system will only permit registrants with the proper authority and an active LSUC number to complete these law statements. See also K Murray, 'Legislation and Regulations relating to electronic registration of land titles documents' April 2003, 6 for a list of documents where a law statement would apply to.
[12] Law Society of Upper Canada, 'Electronic registration: Making it work for you - procedures and practice standards for electronic real estate conveyance', August 2000, 9, http://www.lsuc.on.ca/pdf/e-reg_p_and_pstds_rep1.pdf
[13] A copy of this document can be found at http://www.lsuc.on.ca/services/dra_march04.pdf
[14] The website for the project is at http://srmwww.gov.bc.ca/landtitle/EFS_web_site/index.htm
[15] It should be noted however, that only a practising lawyer with a Juricert digital certificate may sign the transfer.
[16] Clicking on the LOCK button on the form will lock key fields on the form and a unique number will be inserted at the top of the form. Locking the document provides an assurance to the lawyers that the content of these key fields cannot be changed without their knowledge. The purpose of the unique identifier is to help lawyers and notaries keep track of changes to a form by providing a new number each the form is locked and unlocked. Thus changes to critical data can be tracked and different versions of a form are not confused. Clicking on the UNLOCK button on a locked form unlocks the frozen data and deletes the unique identifier.
[17] It is not mandatory for the vendor's lawyer/notary to use electronic signatures. If the lawyer or notary does not have one, he/she can FAX a copy of the printed and executed copy of Form A to the purchaser's lawyer or notary who may incorporate his/her electronic signature into Form A.
[18] This Act is available from http://www.qp.gov.bc.ca/statreg/stat/L/96250_00.htm
[19] For more information about the history behind the Landonline project and the personnel involved, see J Greenwood & T Jones, 'Automation of the Register: Issues impacting on the integrity of title', Taking Torrens into the 21st Century: A conference to mark the 50th anniversary of the Land Transfer Act 1952, Faculty of Law, University of Auckland, 19-21 March 2003.
[20] The Land Transfer Act 1952 (NZ) was amended in 1998 to enable the register to be held and maintained in electronic form: .Land Transfer (Automation) Amendment Act 1998 (NZ).
[21] Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (NZ).
[22] Information about the Landonline project can be obtained from their website - http://www.landonline.govt.nz
[23] Conveyancers are defined in s 4 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 as: a) a landbroker licensed by the Registrar under section 229 of the principal Act; or b) a person who holds a current practising certificate under section 57 of the Law Practitioners Act 1982
[24] These plans started in 1998 with a report being published by the Law Commission in conjunction with HM Land Registry on 2 September 1998 entitled 'Land Registration for the 21st Century: A Consultatuve Document, No 254, 1998 to consider methods in which ancient systems of property transfer in England and Wales could be updated. The findings from that consultation document culminated in a report published ni 2001 'Land Registration for the Twenty-First Century: A Conveyancing Revolution' No 271, 2001.The first e-Conveyancing consultation exercise occured in May 2002, with a consultation paper being published to seek industry feedback on an electronic registration system.
[25] E Cooke, 'E-conveyancing in England: Enthusiasms and reluctance', Taking Torrens into the 21st Century: A conference to mark the 50th anniversary of the Land Transfer Act 1952, Faculty of Law, University of Auckland, 19-21 March 2003: "Electronic transactions are some way off, and will be piloted before they become generally available", at 13.
[26] See S Christensen & A Stickley, 'Electronic title in the new millennium' (2000) Flinders Journal of Law Reform 209 which discusses the process of registration under the Land Title Act 1994 (Qld).
[27] Land and Property Information NSW, Electronic Settlement, Electronic Lodgment and Automatic Registration of Real Property Dealings in NSW, Public Consultation Document, May 2004, NSW.
[28] Land Exchange, ECV News, 3 May 2002.
[29] Refer to s 21 Land Registration Reform Act R.S.O 1990: "Despite section 2 of the Statute of Frauds Act, section 9 of the Conveyancing and Law of Property Act or a provision in any other statute or any rule of law, an electronic document that creates, transfers or otherwise disposes of an estate or interest in land is not required to be in writing or to be signed by the parties and has the same effect for all purposes as a document that is in writing and is signed by the parties" and s 22: "If a document is registered in an electronic format and the document exists in a written form that is not a printed copy of the electronic document, the electronic document or a printed copy of the electronic document prevails over the written form of the document in the event of a conflict".
[30] See the outline of the Victorian system at http://www.landexchange.vic.gov.au/ec/index.html
[31] S Birrell, J Barry, D Hall, & J Parker, 'Is the Torrens System suitable for the 21st Century?' http://www.ferris.edu/htmls/academics/course.offerings/burtchr/sure382/other_material/torrens_21st_century.htm and L Griggs, Torrens Title in a Digital World' (2001) 8(3) Murdoch University E Law Journal, [6] http://www.murdoch.edu.au/elaw/issues/v8n3/griggs83nf.html (that the Torrens system is more able to meet these criteria than the old system of conveyancing by deeds).
[32] Whalan, The Torrens System in Australia, Law Book Co Ltd, Sydney, 1982, 19
[33] T Ruoff, 'An Englishman looks at the Torrens System' (1952) 26 (2) Australian Law Journal 118, 118.
[34] At present, fraud costs the Australian community in excess of $3.5 billion annually. A significant part of that relates to land dealings:A Graycar & R Smith, Identifying and Responding to Electronic Fraud Risks, 30th Australasian Registrars' Conference, Canberra, 13 November 2002, 1.
[35] R Massey, 'The growing concern of e-identity theft' (2003) 5 (9) Electronic Business Law 10, 10.
[36] H Pontell, 'Pleased to meet you...won't you guess my name?: Identity fraud, cyber-crime, and white-collar delinquency' (2002) 23 Adelaide Law Review 305, 306.
[37] As pointed out by Rohan Massey: "The increase and proliferation of identity theft is directly linked to the growth of internet use and corporate reliance on the use of electronic data storage systems": R Massey, 'The growing concern of e-identity theft' (2003) 5 (9) Electronic Business Law 10, 10. See also H Pontell, 'Pleased to meet you...won't you guess my name?: Identity fraud, cyber-crime, and white-collar delinquency' (2002) 23 Adelaide Law Review 305, 307: "The Internet has been noted in numerous reports as a major factor in the tremendous growth of identity fraud" and at 313: "...much of the growth in identity fraud, regardless of its exact amount or cost, is a result of the Internet and the corresponding unprecedented access it allows to numerous databases where personal information is stored".
[38] Individuals who use electronic services either actively, by inputting their details on the internet, or passively, by using electronic services that contain their details such as bank cards, supermarket loyalty cards or library membership cards, are exposing themselves to the threat of a criminal anywhere in the world stealing their identity by means of a computer network": R Massey, 'The growing concern of e-identity theft' (2003) 5 (9) Electronic Business Law 10, 10.
[39] A Graycar & R Smith, Identifying and Responding to Electronic Fraud Risks, 30th Australasian Registrars' Conference, Canberra, 13 November 2002, 1.
[40] D Whalan, The Torrens System in Australia, Law Book Co Ltd, Sydney, 1982, 83.
[41] However to digitally sign an eDealing, the user must be a solicitor with current practising certificates or a licensed landbroker. The user must also be nominated on the A & I (Authority and Instruction) form to perform this step (see [5.4] below).
[42] A licence covers as many people as the firm nominates, and each licence only allows one connection at a time with Landonline. Firms which require several people to be using Landonline services concurrently need to apply for as many licences as will suit their needs: http://www.landonline.govt.nz/content/general/licenses.asp
[43] A prospective Teraview user has to complete 4 forms: (1) Licence to use Teraview software; (2) form to obtain PSP; (3) Deposit Account Payment Plan and (4) Electronic Registration Bank Account: See http://www.teraview.ca/purchase/purchase.html It is from this account with Teranet that user fees (access charges and on line charges) will be debited. Registration fees and Land Transfer Tax can be paid from lawyers special trust accounts or general accounts: Law Society of Upper Canada, Practice Guidelines for Electronic Registration of Title Documents - as approved by Convocation June 28, 2002, Practice Guideline 1 'Maintaining Integrity of Access and Accounts, http://www.lsuc.on.ca/news/pdf/july08_eregguidelines.pdf
[44] http://www.teraview.ca/ereg/ereg_PSP.html. Also discussed at para 50
[45] Refer below to discussion of digital signatures.
[46] Land Registry, Frequently Asked Questions, http://www.landregistry.gov.uk/e-conveyancing/content/support/faq/default.asp?id=81
[47] S Christensen, W Duncan & R Low, 'Moving property transactions to a digital age: Can writing and signature requirements be fulfilled electronically?' Centre for Commercial and Property Law, Queensland University of Technology, Brisbane, 2002, (ISBN 1 74107 0066) [4.3.1].
[48] Boyle, K "An Introduction to Gatekeeper: the Government's Public Key Infrastructure" (2001) 11 (1) Journal of Law and Information Science 38, 40
[49] There are several different technologies used to create digital signatures. See A McCullagh, "Legal Aspects of Electronic Contracts and digital Signatures" in Going Digital 2000. Fitzgerald A, Fitzgerald B, Cifuentes C, Cook P (ed), Prospect Media, St Leonards N.S.W, 2000 at 195.
[50] The Australian Gatekeeper framework is discussed below.
[51] It is possible for one entity to be involved in both the issuing of the certificates and the identification process. In some PKI systems, this role is divided between two different entities, with the CA issuing the certificates and another entity called the Registration Authority (RA) which carries out the subscriber identification process.
[52] Proof of ID form is found at: http://www.landonline.govt.nz/registereduser/newforms/registereduser/changeforms/proofofid.htm
[53] Teranet developed its own Certification Authority for the Teraview software in 1998: Teraview, 'Understanding how the personal information your provide in the Personal Security Licence Application is used and protected', http://www.teraview.ca/ereg/downloads/pslbrochurepdf.pdf
[54] There are two forms that must be completed as part of the Personal Security License application Both forms can be obtained at http://www.teraview.ca/purchase/downloads/PSPApplication2004.pdf
[55] Accepted primary ID: valid Canadian's drivers licence; or valid Canadian passport (photo ID required) Accepted secondary ID: valid major credit card & expiry date; bank card; social insurance card; birth certificate; either of the photo ID items noted previously, not used as primary ID ID which cannot be accepted: Retail credit cards; Health card Accepted designated representatives: lawyer; notary public; designated land registry office (LRO) representative; designated Teranet representative; financial institution signing officer
[56] Teraview, 'Understanding how the personal information your provide in the Personal Security Licence Application is used and protected', http://www.teraview.ca/ereg/downloads/pslbrochurepdf.pdf
[57] Law Society of Upper Canada, Practice Guidelines for Electronic Registration of Title Documents - as approved by Convocation June 28, 2002, Practice Guideline 1 'Maintaining Integrity of Access and Accounts, http://www.lsuc.on.ca/news/pdf/july08_eregguidelines.pdf : "law firms must be vigilant to ensure appropriate safeguards are implemented in relation to individual encrypted diskettes and pass phrases. At a minimum, firms should ensure that:
(a) the need to maintain the confidentiality of pass phrases and the need to safeguard encrypted diskettes are emphasized to all users granted access pursuant to their accounts. Firms should take appropriate steps to discourage and prevent sharing of pass phrases;
(b) appropriate guidelines are established in formulating pass phrases to take full advantage of the security afforded by the system;
(c) appropriate steps are taken to destroy/disable and/or replace pass phrases and diskettes when such confidentiality is breached;
(d) appropriate monitoring procedures are implemented to safeguard against unauthorized access to the e- regTM system under their accounts. This should include careful recording and reconciliation of any and all charges incurred with Teranet which may disclose unauthorized access; and,
(e) procedures are implemented which includes the immediate notification of Teranet when the law firm has changes in its membership (whether employees, associates or partners) affecting who the authorized users are under the firm's account. In particular, where an authorized user leaves the firm, the firm should ensure that all copies of the user's encrypted diskette are returned and that Teranet is immediately notified of the termination of access of the specific user.
Rule 5.01(7) of The Rules of Professional Conduct, adopted by the Convocation on 22 June 2000 provides: When a lawyer has a personalized specially encrypted diskette to access the system for the electronic registration of title documents ("e-reg" (tm)), the lawyer: (a) shall not permit others, including a non-lawyer employee, to use the lawyer's diskette, and (b) shall not disclose his or her personalized e-reg (tm) pass phrase to others (http://www.lsuc.on.ca/services/contents/rule5.jsp#5.01).
Rule 5.01 (8) provides: When a non-lawyer employed by a lawyer has a personalized specially encrypted diskette to access the system for the electronic registration of title documents, the lawyer shall ensure that the non-lawyer: (a) does not permit others to use the diskette, and (b) does not disclose his or her personalized e-reg (tm) pass phrase to others (http://www.lsuc.on.ca/services/contents/rule5.jsp#5.01).
[58] Juricert was founded by the Law Society of British Columbia. Information obtained from Law Society of British Columbia, 'Visit Juricert site to register for digital credentials' (2004) No 2 March-April Benchers' Bulletin
[59] Recognised under 1999 Act (Bill 93)
[60] Information on how to apply for an Adobe Acrobat signing certificate. See Land Titles Electronic Filing Reference Manual, Version 1.0, March 2004, 30, http://srmwww.gov.bc.ca/landtitle/EFS_web_site/e_forms.htm
[61] Registration of other certificates is necessary because of the checking mechanisms between the Land Registry and Juricert for each document lodged.
[62] http://www.landregistry.gov.uk/e-conveyancing/content/articles/default.asp?article_id=54
[63] See Land Registry, 'E-Conveyancing: A Land Registry consultation', 5 March 2003 http://www.landregistry.gov.uk/publications/other/consultations/consult_doc.pdf and Land Registry, 'E-Conveyancing: A Land Registry Consultation Report', 17 March 2003 http://www.landregistry.gov.uk/publications/other/consultations/eccir.pdf
[64] Land Registry, 'e-conveyancing: A Land Registry Consultation Report', 17 March 2003, 40, http://www.landregistry.gov.uk/publications/other/consultations/eccir.pdf
[65] Certification means that a third party issues a statement confirming that the signature is, alone or with other evidence, a valid means of establishing that the message comes from the person who purports to send it. In this regard, the quality and reputation of the trusted provider is crucial.
[66] Land Registry, 'e-conveyancing: A Land Registry Consultation Report', 17 March 2003, 40, http://www.landregistry.gov.uk/publications/other/consultations/eccir.pdf
[67] http://www.agimo.gov.au/infrastructure/gatekeeper
[68] Australian Government Information Management Office website: http://www.agimo.gov.au/
[69] For the specifications for an ABN-DSC refer to ABN-DSC Broad Specifications at www.govonline.gov.au
[70] For a directory of accredited/recognised Service Providers, see http://www.agimo.gov.au/infrastructure/gatekeeper/accredited
[71] McCullagh A, Caelli W, Little P, "Signature Stripping: A Digital Dilemma" 2001 (1) Journal of Information, Law and Technology http://elj.warwick.ac.uk/jilt/01-1/mccullagh.html
[72] See L Brazell, 'Electronic security: Encryption in the real world' (1999) 21 European Intellectual Property Review 17; YF Lim, 'Digital signature, certification authorities and the Law' (2002) 9 (3) Murdoch University Electronic Journal of Law http://www.murdoch.edu.au/elaw/indices/author/229.html, J Murray, 'Public Key Infrastructure, digital signatures and systematic risk' (2003) (1) Journal of Information, Law and Technology http://elj.warwich.ac.uk/jilt/03-1/murray.html
[73] Electronic Transactions Act 2000 (NSW), s14; Electronic Transactions (Victoria) Act 2000 (Vic), s14; Electronic Transactions (Queensland) Act 2001 (Qld), s 26; Electronic Transactions Act 2003 (WA), s14; Electronic Transactions Act 2000 (SA), s14; Electronic Transactions Act 2000 (Tas), s12; Electronic Transactions (Northern Territory) Act 2000 (NT), s14; Electronic Transactions Act 2001 (ACT), s14; Electronic Transactions Act 1999 (Cth), s15.
[74] Under legislation the ability to make a person liable is limited by the Electronic Transactions Act in each State to documents sent with the authority of the person either actual or ostensible: Electronic Transactions Act 2000 (NSW), s14(2); Electronic Transactions (Victoria) Act 2000 (Vic), s14(2); Electronic Transactions (Queensland) Act 2001 (Qld), s 26(2); Electronic Transactions Act 2003 (WA), s14(2); Electronic Transactions Act 2000 (SA), s14(2); Electronic Transactions Act 2000 (Tas), s12(2); Electronic Transactions (Northern Territory) Act 2000 (NT), s14(2); Electronic Transactions Act 2001 (ACT), s14(2); Electronic Transactions Act 1999 (Cth), s15(2).
[75] The Authority and Instruction Forms (A & I) which must be completed by the client(s) before certification and signing of a transaction is the lawyer's proof of authority to act on behalf of the client in implementing the eDealing and provides protection against later challenges to the transaction. Sample A&I forms can be downloaded from http://www.lawyers.org.nz/memregissuesedealing.asp
[76] New Zealand Law Society Guidelines for the Use of Landonline for an Electronic Transaction (eDealing) available at http://www.lawyers.org.nz/memregissuesedealing.asp .
[77] The Law Society recommends that the appropriate form of Acknowledgement and Direction for each electronic document to be registered under e-reg be printed form the e-reg system for signature by the lawyer's client before each electronic document is released for registration: Law society of Upper Canada, Practice Guidelines for Electronic Registration of Title Documents - as approved by Convocation June 28, 2002, Practice Guideline 3 'Acknowledgment and Direction', http://www.lsuc.on.ca/news/pdf/july08_eregguidelines.pdf A sample Acknowledgement and Direction form can be found at http://www.teraview.ca/resupgrades/downloads/ADR.pdf
[78] http://www.qp.gov.bc.ca/statreg/stat/L/96250_00.htm
[79]Explanatory Guide to Transfer of Land (Electronic Transactions) Bill 2004.
[80] Refer to Land Title Act 1994 (Qld), s 154, Real Property Act 1900 (NSW), s 33(4); Transfer of Land Act 1958 (Vic), s 27E; Real Property Act 1886 (SA), s 98; Transfer of Land Act 1893 (WA), s 86; Land Titles Act 1925 (ACT), s 75; Land Title Act 2000 (NT), s 153.
[81] C Hammond, 'The abolition of the duplicate certificate of title and its potential effect on fraudulent claims over Torrens land' (2000) 8 Australian Property Law Journal 115; L Griggs, 'Torrens Title in a Digital World' (2001) 8 (3) Murdoch University Electronic Journal of Law, http://www.murdoch.edu.au/elaw/issues/v8n3/griggs83.html; S Christensen & A Stickley, 'Electronic title in the new millennium' (2000) Flinders Journal of Law Reform 209.
[82] Grgic v Australian and New Zealand Banking Group Ltd (1994) 33 NSWLR 202 (Son had the certificate of title and other documents relating to the property. Mother and son used another person to impersonate the father. The impersonator was able to produce the certificate of title and other documents. Bank prepared the mortgage document and the impersonator signed the document); Young v Hoger [2000] QSC455 (Daughter forged her parents' signature, the mother assisted with the forgery. Solicitor did not have any direct dealing with the father, dispensed with the standard verification procedures to ensure that the signatures on the mortgage instrument were genuine); Eade v Vogiazopoulos [1993] 3 VR 889 (husband had responsibility of the business. He forged his wife's signature on the mortgage. Solicitor acting for husband and wife did not consult the wife to ensure that the mortgage documents were duly executed by her).
[83] Refer for example to Land Transfer Act 1958 (Vic), s 44I.
[84] Lawyers have previously been held liable in negligence to mortgagee for failing to assure the identity of mortgagors: Yamada v. Mock 29 OR (3d) 731 (Canadian Supreme Court); Eade v Vogiazopoulos [1993] 3 VR 889.
[85] Eade v Vogiazopoulos [1993] 3 VR 889 (husband forged wife's signature on the mortgage); Frazer v Walker [1967] 1 All ER 649 (wife forged husband's signature on the mortgage); Young v Hoger [2001] QSC 455 (daughter, with mother's assistance, forged father's signature on the mortgage); National Commercial Banking Corporation of Australia Limited v Hedley (1984) 3 BPR 9477 (husband forged wife's signature on the mortgage); Russo v Bendigo Bank Ltd [1999] 3 VR 376 (son-in-law forged Mrs Russo's signature on the mortgage); Grgic v Australian and New Zealand Banking Group Ltd (1994) 33 NSWLR 202 (mother and son used another person to impersonate the father).
[86] Law Society of Upper Canada, Practice Guidelines for Electronic Registration of Title Documents - as approved by Convocation June 28, 2002, Practice Guideline 3 'Acknowledgement and Direction, http://www.lsuc.on.ca/news/pdf/july08_eregguidelines.pdf
[87] Law Society of Upper Canada, Practice Guidelines for Electronic Registration of Title Documents - as approved by Convocation June 28, 2002, Practice Guideline 6 'Use of Compliance with Law Statements', http://www.lsuc.on.ca/news/pdf/july08_eregguidelines.pdf
[88] Sample A&I forms can be downloaded from http://www.lawyers.org.nz/memregissuesedealing.asp
[89] Land Transfer Act 1952 (NZ), s 164C and Land Transfer Regulations 2000 (NZ), s 14.
[90] Draft Rules for using Electronic Conveyancing Victoria are available at http://www.landexchange.vic.gov.au/ec/download/ECSystemRules.pdf
[91] Electronic Transactions (Queensland) Act 2001 (Qld), ss 19-21; Electronic Transactions Act 2000 (NSW), s11; Electronic Transactions (Victoria) Act 2000 (Vic), ss 10-11; Electronic Transactions Act 2003 (WA), ss 10-11; Electronic Transactions Act 2000 (SA), ss 10-11; Electronic Transactions Act 2000 (Tas), ss 8-9; Electronic Transactions (Northern Territory) Act 2000 (NT), ss 10-11; Electronic Transactions Act 2001 (ACT), ss 10-11; Electronic Transactions Act 1999 (Cth), ss 11-12.