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ARTICLE · 11 JULY 2011

New online electronic transaction ("e-commerce") laws

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Discussion on new legislation providing for electronic legal transactions

AustraliaCorporate/Commercial Law
Tony Raunic
Tony Raunic
Kelly Deakin
Kelly Deakin
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"Press 1 to form contract, press 2 to make counter-offer, press 3 for more options" – the onwards march of the electronic age

The Electronic Transactions Amendment Act 2011 (Cth) ("the Act") has, from 22 June 2011, effectively given "life" to automated message systems. No longer is the presence of actual human beings necessary to form a contract. The prevalence of an age where human contact is being steadily replaced by email and other forms of electronic communications is highlighted by the fact that a contract may now be validly formed between an individual and an automated message system. The Act even allows for contracts to be formed by two automated message systems, without the "unnecessary interference" of actual communication between two human beings.

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