1. What is dealing online with government?
In December 1997, the Prime Minister made a commitment to putting all appropriate Commonwealth Government services online by 2001.
Interactions with Government online may include seeking and providing information, submitting applications and receiving and paying money. All Commonwealth Government departments (unless exempted by regulation)(1) are required to be capable of interacting electronically by 1 July 2001.
2. Electronic transactions legislation
The Electronic Transactions Act 1999 (Cth) (Cth) (Act) and mirror legislation in various States and Territories(2) enables business and the community to use electronic communications in their dealings with government. In this article a reference to the Act or a Commonwealth entity includes a reference to the equivalent State or Territory law or agency.
Any of the following requirements of a Commonwealth law may be fulfilled electronically:
(a) a requirement to give information in writing;
(b) a requirement to produce a document;
(c) a requirement to provide a signature; or
(d) a requirement to retain a document.
3. Providing information electronically
If a Commonwealth law requires or permits information to be given in writing, the requirement is deemed to be satisfied if the information is given electronically provided:
(a) the information must be readily accessible for subsequent reference (eg recipient must be able to decipher it);
(b) if given to a Commonwealth entity, any particular technology requirements or receipt verification requirements specified by that entity are complied with; and
(c) if given to a non-Commonwealth entity (under a Commonwealth law), the recipient consents to the information being provided electronically.(3)
At the time the information is given, it must be reasonable to expect the information would be readily accessible so as to be useable for subsequent reference. This means others should be able to read and access the message and the transaction is not subsequently vitiated by lack of access. Relevant factors may include technologies available at the time of transmission and the appropriateness of the chosen technology for the purposes of the communication.
Online forms and emails are likely to satisfy these requirements for most purposes.
Consent by a Commonwealth entity is deemed to be given consistent with the preference of the Commonwealth Government for online dealings. Consent by non-Commonwealth entities does not have to be given to each individual message or even each type of electronic dealing and may be inferred from the conduct of a person (eg making available a means of electronic communication such as e-mail). Consent is only required in relation to the medium by which the information is communicated and does not relate to the information contained within the electronic communication.(4)
4. Production of document electronically
If a Commonwealth law requires or permits a physical document to be produced (excluding certain citizenship and migration documents), an electronic communication will satisfy the requirement provided:
(a) the method chosen provides a reliable means of ensuring the integrity of the information contained in the document (ie complete and unaltered apart from "endorsements" and "immaterial changes" described below);
(b) the information contained in the electronic communication must be readily accessible for subsequent reference;
(c) if required to be produced to a Commonwealth entity, that entity may specify the use of a particular technology or method of verifying the receipt of the document; and
(d) if required to be produced to a non-Commonwealth entity, the recipient consents to the production of the document in electronic form.(5)
A reliable means of assuring the integrity of the information may involve processes that methodically record the information, capture the information without omissions and protect the information against alteration.
"Endorsement" includes data automatically added by information systems at the beginning and end of communications in order to transmit them but does not include annotations, signatures or initials. "Immaterial change" covers formatting changes where this is not an important element of the document itself.
5. Requirement for a signature
A requirement of a Commonwealth law for a physical signature is deemed to be met by an electronic communication provided:
(a) having regard to the circumstances at the time, a reliable and appropriate method is used to identify the person and to indicate the approval by the person of the information communicated; and
(b) if given to a Commonwealth government entity, that the particular information technology requirements of that entity are met.(6)
6. Keeping electronic records
If a Commonwealth law requires "information to be recorded in writing", an electronic record will satisfy the requirement if the information is readily accessible for subsequent reference. If the use of a particular kind of data storage device is required, that must also be provided.
If a Commonwealth law requires "a written document to be kept" for a particular period, an electronic version of that document will satisfy the requirement if the condition immediately above is met and the method for producing it assures the integrity of the information contained in the document.
If a Commonwealth law requires "an electronic communication to be kept" for a particular period, a person retaining that information in electronic form will satisfy the requirement if the above conditions are met.
Records must also be kept identifying the origin, destination, time of sending and time of receipt of the electronic communication.(7)
7. Commonwealth Government Public Key Infrastructure (PKI)
In relation to Commonwealth government agencies, the Commonwealth Gatekeeper Public Key Authority (GPKA) oversees Commonwealth government PKI, develops PKI standards, assists agencies in PKI implementation, liaises with industry bodies and PKI vendors and oversees Gatekeeper accreditation.
Gatekeeper is a single point of entry structure by which Commonwealth government departments can ensure security in the transmission of information with its suppliers. Two levels of Gatekeeper accreditation (entry level and full) are available to companies supplying services to Commonwealth government agencies. The quantity of services supplied varies with the access level. See Digital Signatures and PKI.
The Business Entry Point (see below) has set up a panel of Internet payments products, services and consultancy assistance for use by Government agencies. Details are available online at http://about.business.gov.au/ipp While intended for government use, the information on how payments systems work may be useful to business.
8. Paying or getting paid by government
The ability to pay or get paid by Government is in various stages of development. Some agencies provide the ability to pay by credit card on-line. Other systems are under development. There is no legal requirement on Government to accept payment by electronic means unless it offers this facility.
Paying or getting paid by government in most cases requires an initial manual step in registering account details with each agency/business. The Office of Government online is implementing a Government Electronic Procurement Implementation Strategy to eliminate this (see http://www.ogo.gov.au/projects).
The Government Single Supplier Database is intended to allow businesses to register once with government and then receive payment from any agency. The Remittance Advice project aims to provide a standard format of electronic invoice for any business to use with any agency. The Government Tender Discoverability initiative gives business entities and organisations ready access to information on available government tenders.
These initiatives are still some months from completion. In the interim small businesses can largely replace paper mail and faxes with e-mail. Generally, the first time you do business with government you will need to send some paper, but after that it can be done online.
9. Business Entry Point (BEP)
Is an initiative of the Australian Federal Government and all states and territories. Details on government assistance programs and services, taxation, record keeping, superannuation, occupational health and safety, Customs, intellectual property protection and workplace relations can be found at http://www.business.gov.au Businesses can now register and update details with various government agencies online.
The Commonwealth and most states and territories now maintain Web sites with details of business opportunities and general information about selling to government. As an example, the BEP is linked to the Commonwealth Government Advertising Business Opportunities site (at http://www.ads.gov.au), with details of current requests for tenders. Most government tenders are still required to be submitted on paper, but companies can send questions and obtain clarifying information by e-mail.
A number of other online Government services are very useful sources of business information. The Australian Commonwealth Government Entry Point (at http://www.fed.gov.au) provides a detailed online directory of government agencies, services and staff, as well as links to similar State Government directories.
The Government On Line Directory (http://gold.directory.gov.au) provides a free online official guide to the organisations and personnel of the Federal Government. It is updated daily and contains contact information for agencies, names, phone and fax numbers, and e-mail addresses.
The Australian Securities and Investments Commission provides a National Names Index (at http://www.search.asic.gov.au) with basic details about current and former companies, business names and other organisations in Australia.
Other relevant Articles on this site:
Best practice model
Secure electronic transactions
Encryption of data
Digital signatures
Other relevant Fact Sheets:
Electronic Payment Systems
Electronic Transactions Act
Keeping Electronic Records
Online Contracts
Privacy
Secure Electronic Transactions
End Notes
1. See Electronic Transactions Regulations 2000
2. Electronic Transaction Act 1999 (Cth) commenced operation on15 March 2000.
Electronic Transaction Act 2000 (Vic) commenced operation on 1 September 2000.
Electronic Transactions (Northern Territory) Act commenced operation on 13 June 2001.
Electronic Transaction Act 1999 (Tas) commenced operation on 1 June 2001.
Electronic Transaction Act 2000 (ACT) commenced operation on 8 March 2001.
Electronic Transaction Act 2000 (NSW) has not commenced operation but has received Royal Assent on 3 May 2000. (For commencement information see the NSW’s Parliamentary Counsel’s Office at http://www.pco.nsw.gov.au/nswleg.html under “Legislation in Force” [pdf file]).
Electronic Transaction Act 2000 (SA) has not commenced operation but has received Royal Assent on 7 December 2000.
Electronic Transaction Bill 2000 (WA) is yet to be enacted.
Electronic Transaction Bill 2000 (Qld) is yet to be enacted.
3. Electronic Transactions Act 1999 (Cth) section 9(1)
4. Electronic Transactions Act 1999 (Cth) section 5(1)
5. Electronic Transactions Act 1999 (Cth) section 11
6. Electronic Transactions Act 1999 (Cth)section 10
7. Electronic Transactions Act 1999 (Cth) section 12