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 .


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.