Page:Electronic Transactions Act 2010.pdf/21

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22
NO. 16 OF 2010


PART V
USE OF ELECTRONIC RECORDS AND SIGNATURES BY PUBLIC AGENCIES

Acceptance of electronic filing and issue of documents

25.—(1) Any public agency that, pursuant to any written law—

(a) accepts the filing of documents, or obtains information in any form;
(b) requires that documents be created or retained;
(c) requires documents, records or information to be provided or retained in their original form;
(d) issues any permit, licence or approval; or
(e) requires payment of any fee, charge or other amount by any method and manner of payment,

may, notwithstanding anything to the contrary in such written law, carry out that function by means of electronic records or in electronic form.

(2) In any case where a public agency decides to perform any of the functions in subsection (1) by means of electronic records or in electronic form, the public agency may specify—

(a) the manner and format in which such electronic records shall be filed, created, retained, issued or provided;
(b) where such electronic records have to be signed, the type of electronic signature required (including, if applicable, a requirement that the sender use a particular type of secure electronic signature);
(c) the manner and format in which such signature shall be affixed to the electronic record, and the identity of or criteria that shall be met by any specified security procedure provider used by the person filing the document;
(d) such control processes and procedures as may be appropriate to ensure adequate integrity, security and confidentiality of electronic records or payments; and