Act 8
Electronic Transactions Act
2011
(b) preclude a department or ministry of the Government, a
statutory corporation from specifying additional
requirements for retaining electronic records that are
subject to the jurisdiction of the department or ministry of
the Government, or statutory corporation.
10. Production of document or information.
(1) For purposes of section 5(3), a requirement to produce a
document or information is fulfilled if a person produces the
document or information in electronic form if—
(a) considering all the relevant circumstances at the time that
the data message was sent, the method of generating the
electronic form of that document provided a reliable means
of assuring the maintenance of the integrity of the
information contained in that document; and
(b) at the time the data message was sent, it was reasonable to
expect that the information contained in the data message
would be readily accessible so as to be usable for
subsequent reference.
(2) For the purposes of subsection (1), the authenticity of the
information contained in a document is maintained if the information
has remained complete and unaltered, except for—
(a) the addition of an endorsement; or
(b) an immaterial change, which arises in the normal course of
communication, storage or display.
11. Notarisation, acknowledgement and certification.
(1) A requirement for a signature, statement or document to be
notarised, acknowledged, verified or made under oath, is fulfilled if
an advanced or secure electronic signature of a person authorised by
law to sign or notarise the document is attached, incorporated or is
logically associated with the electronic record.
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