tion of data
messages
effect merely on the grounds that it is wholly or
partly in the form of a data message.
(2) Information incorporated into an agreement and
that is not in the public domain is regarded as
having been incorporated into a data message if
the information is
(a) referred to in a way in which a reasonable
person would have noticed the reference to
it and incorporation of it; and
(b) accessible in a form in which it may be
read, stored and retrieved by the other
party, whether electronically or as a
computer printout as long as the
information is reasonably capable of being
reduced to electronic form by the party
incorporating it.
Incorporation by
reference
178. Information shall not be denied legal effect,
validity or enforceability solely on the grounds that
it is not contained in the data message purporting
to give rise to the legal effect, but is merely
referred to
in that data message.
Requirement for
writing
179. Where an enactment requires any information
or record to be in writing, that requirement shall be
satisfied by an electronic record where the
information contained in it is accessible so as to be
usable for subsequent reference.
Other
requirements
180. (1) A requirement in a law for multiple copies
of a document to be submitted to a single
addressee at the same time is satisfied by the
submission of a single data message that is
capable of being reproduced by that addressee.
(2) An expression in a law, whether used as a
noun or verb, including the terms "document",
"record", "file", "submit", "lodge", "deliver", "issue",
"publish", "write in", "print" or words or expressions
of similar effect, shall be interpreted so as to
include or permit the form, format or action in
relation to a data message unless otherwise
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