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Media Release |
Electronic Frontiers Australia Inc.
Media Release 7th February 1999
EFA CRITICISES ELECTRONIC TRANSACTIONS BILL - "Too little, too slow"
Electronic Frontiers Australia Chair Kimberley Heitman today criticised
the Federal Government's proposed Electronic Transactions Bill 1999 as
being inadequate for the needs of e-commerce.
Mr Heitman said that the draft exposure bill, available on the
Attorney-General's web site, showed the Government "lacked courage
and conviction in the task of placing Australia in the forefront of
electronic commerce".
"The Bill is supposed to permit authenticated electronic transactions
to be used in all circumstances where a paper record is needed. In fact
the draft Bill only covers those Commonwealth laws that the Government
chooses until the 1st of July 2000, and after that date those Commonwealth
laws that the Government doesn't exempt."
"Modern business practices demand the Commonwealth use its constitutional
power over communications to enable electronic transactions in all laws
of the land. Waiting for the States and Territories to get around to
passing similar legislation will stifle e-commerce in this country".
"This Bill should be a simple piece of enabling legislation based on
the international UNCITRAL standard. An Australia-wide bill could be
passed and effective within weeks if the Government was serious about
the information economy."
Mr Heitman further noted a sting in the legislation that could hurt
welfare recipients and debtors. The Bill proposes that email is deemed to
be received whether or not it has been downloaded from the user's ISP.
"Centrelink and financial institutions are likely to use email to send
time-sensitive information, so it would safeguard users if this was an
option in e-commerce rather than the default position for users who opt
for email communications."
The draft Bill is open for public comment until the 26th of February,
1999. EFA urges Internet users to protest against the inadequacy of the
Government's response to a need for simple, quick law reform.
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Electronic Frontiers Australia Inc -- http://www.efa.org.au/
representing Internet users concerned with on-line freedoms
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Media Contact
Kimberley Heitman, B.Juris Llb,
Telephone: 08 9458 2790
Email: kheitman@it.net.au
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Background:
Federal Attorney-General's E-Commerce Page
http://www.law.gov.au/ecommerce/
To make comments on the Bill
ecommerce@ag.gov.au
UNCITRAL MODEL LAW ON ELECTRONIC COMMERCE
http://www.un.or.at/uncitral/english/texts/electcom/ml-ec.htm
Electronic Frontiers Australia Inc.
http://www.efa.org.au/
Return to EFA Media Release Page