Paul Goldsmith

National Party List MP

08 November 2012

Media Statement

MP Paul Goldsmith’s bill to amend Electronic Transactions Act drawn from ballot

National MP Paul Goldsmith’s Member’s Bill to help update contract law has been drawn from the Members’ Ballot today and is set to have its first reading in Parliament.

“My Electronic Transactions Act (Contract Formation) Amendment Bill will amend the act to allow certainty to those who choose to accept a contract electronically,” Mr Goldsmith says.

The bill amends the Electronic Transactions Act 2002 inserting section 32a, which Mr Goldsmith says will clarify uncertainty around when contracts are formed, if offers of acceptance are made through electronic communications.

“If a contract is accepted by post then a rule applies that means the contract has been formed as soon as the acceptance was placed in the post,” Mr Goldsmith says.

“At present, this rule does not cover contracts accepted electronically. If a person accepts a job offer by email then there is no legal certainty over when that contract was formed.

“Given the prevalence of electronic communications in society today, including email, smartphones, and social media, it is useful that the current act be amended to cover such areas.”

Paul Goldsmith is currently in Canada participating in a World Bank Institute study group on Public Accounts Committees.

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