Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-3 - ELECTRONIC COMMUNICATIONS  

Division 174 - Electronic communications  

SECTION 174-5   Guidelines may deal with electronic communications  

174-5(1)  
The Administration Guidelines may make provision for or in relation to requiring or permitting information or documents to be given by students to higher education providers, or by higher education providers to students, in accordance with particular information technology requirements:


(a) on a particular kind of data storage device; or


(b) by means of a particular kind of electronic communication.

174-5(1A)  


A higher education provider contravenes this subsection if:


(a) the provider is subject to a requirement under subsection (1); and


(b) the provider fails to comply with the requirement.

Civil penalty: 60 penalty units.

174-5(2)  
The Administration Guidelines may make provision for or in relation to requiring, in relation to an electronic communication from a student to a higher education provider:


(a) that the communication contain an electronic signature (however described); or


(b) that the communication contain a unique identification in an electronic form; or


(c) that a particular method be used to identify the originator of the communication and to indicate the originator ' s approval of the information communicated.

174-5(3)  
The reference in subsection (1) to giving information includes a reference to anything that is giving information for the purposes of section 9 of the Electronic Transactions Act 1999 .

174-5(4)  
In this section:

data storage device
has the same meaning as in the Electronic Transactions Act 1999 .

electronic communication
has the same meaning as in the Electronic Transactions Act 1999 .

information
has the same meaning as in the Electronic Transactions Act 1999 .

information technology requirements
has the same meaning as in the Electronic Transactions Act 1999 .




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