Electronic
242 [ N o . 21 of 2009
and
Communications
Transactions
(a) the information contained in the data message is accessible
so as to be usable for subsequent reference;
(b) the data message is in the format in which it was generated,
s e n t or r e c e i v e d , o r in a f o r m a t w h i c h c a n b e
demonstrated to represent accurately the information
generated, sent or received; and
(c) the origin and destination of that data message, and the
date and time it was sent or received, can be determined.
(2) The obligation to retain information referred to in subsection
(1) does not extend to any information the sole purpose of which is
to enable the message to be sent or received.
Production
of
document or
information
1 0 . (1) Subject to section twenty-one,
where a law requires
a person to produce a document or information, that requirement
shall be met if the person produces, by means of a data message,
an electronic form of that document or information and 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 w a s sent, it was reasonable
to expect that the information contained therein would
be readily accessible so as to be usable for subsequent
reference.
(2) For the purposes of subsection (1), the integrity of the
information contained in a document shall be maintained if the
information has remained complete and unaltered, except for—
(a) the addition of any endorsement; or
(b) any immaterial change, which arises in the normal course
of communication, storage or display.
Notarisation,
acknowled
gment
and
certification
11. ( 1 ) W h e r e a l a w r e q u i r e s a s i g n a t u r e , s t a t e m e n t or
document to be notarised, acknowledged, verified or made under
oath, that requirement shall be m e t if the advanced electronic
signature of the person authorised to perform those acts is attached
to, incorporated in or logically associated with the data message
containing such notarisation, acknowledgment or verification.
(2) Where a law requires or permits a person to provide a
certified copy of a document and the document exists in electronic
form, that requirement shall be met if the person provides a print
out certified to be a true reproduction of the document or information.