Electronic Courts and Tribunals Act 2016

If you need more information about this Act, please contact the administering agency: Ministry of Justice
4 Interpretation

(1)

In this Act, unless the context otherwise requires,—

associated process means a process that a court or tribunal, or a participant in proceedings before a court or tribunal, uses to create a document, including signing, sealing, witnessing, and filing the document

electronic includes electrical, digital, magnetic, optical, electromagnetic, biometric, and photonic

information system means a system for producing, sending, receiving, storing, displaying, or otherwise processing electronic communications

Minister means the Minister or Ministers of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is or are for the time being responsible for the administration of this Act

paper-based form means a format or layout that applies to information in paper or other non-electronic form, including (but not limited to) the material that must be used

permitted document means a document, including its associated process, in electronic form that is made by, or for use in, a court or tribunal.

(2)

None of the following documents is a permitted document unless and until the Governor-General, by Order in Council made on the recommendation of the Minister, declares it to be a permitted document:

(a)

a document given on oath or by affirmation:

(b)

a statutory declaration:

(c)

a will, a codicil, or any other testamentary instrument:

(d)

a power of attorney or an enduring power of attorney:

(e)

a negotiable instrument:

(f)

any notice required to be attached to any thing or left or displayed in any place:

(g)

any warrant or other instrument authorising entry into premises or the search or seizure of any person or thing:

(h)

any other document specified by the Governor-General by Order in Council made on the recommendation of the Minister:

(i)

an item specified in any of paragraphs (a) to (h) that is required to be served by personal service.

(3)

An order under subsection (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 4(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).