Electronic Commerce Act, 2000

Excluded laws.

10.—(1) Sections 12 to 23 are without prejudice to—

(a) the law governing the creation, execution, amendment, variation or revocation of—

(i) a will, codicil or any other testamentary instrument to which the Succession Act, 1965 , applies,

(ii) a trust, or

(iii) an enduring power of attorney,

(b) the law governing the manner in which an interest in real property (including a leasehold interest in such property) may be created, acquired, disposed of or registered, other than contracts (whether or not under seal) for the creation, acquisition or disposal of such interests,

(c) the law governing the making of an affidavit or a statutory or sworn declaration, or requiring or permitting the use of one for any purpose, or

(d) the rules, practices or procedures of a court or tribunal,

except to the extent that regulations under section 3 may from time to time prescribe.

(2) Where the Minister is of the opinion that—

(a) technology has advanced to such an extent, and access to it is so widely available, or

(b) adequate procedures and practices have developed in public registration or other services, so as to warrant such action, or

(c) the public interest so requires,

he or she may, after consultation with such Minister or Ministers as in the Minister's opinion has or have a sufficient interest or responsibility in relation to the matter, by regulations made under section 3 , for the purpose of encouraging the efficient use of electronic communication facilities and services in commerce and the community generally while at the same time protecting the public interest, extend the application of this Act or a provision of this Act to or in relation to a matter specified in subsection (1) (including a particular aspect of such a matter) subject to such conditions as he or she thinks fit, and the Act as so extended shall apply accordingly.

(3) Without prejudice to the generality of subsection (2), the regulations may apply to a particular area or subject, or for a particular time, in the nature of a trial of technology and procedures.