Section 40: Acceptance of electronic filing and issue of documents

40. Acceptance of electronic filing and issue of documents (1) A public sector agency which pursuant to any enactment— (a) accepts the filing of documents, or requires that documents be created, kept or issued; (b) issues any notice, claim, licence, permit, authorisation or approval; (c) provides for any payment and the method and manner of such payment; or (d) has to keep records, may, notwithstanding anything to the contrary in the enactment— (i) accept the filing of such documents, or the creation or keeping of such documents in electronic form; [Issue 3] E5 – 18 Revised Laws of Mauritius (ii) issue such notice, claim, licence, permit, authorisation or approval in electronic form; (iii) make and receive such payment in electronic form; or (iv) convert written records into electronic records. (2) Where a public sector agency decides to perform any of the functions referred to in subsection (1) (i), (ii) or (iii), it may specify— (a) the manner and format in which the electronic records shall be filed, created, kept or issued; (b) where the electronic records have to be signed, the type of electronic signature required including, where applicable, a requirement that the sender uses a digital signature or other electronic signature; (c) the manner and format in which the signature shall be affixed to the electronic record, and the identity of or criteria that shall be met by any certification authority used by the person filing or issuing the document; (d) control processes and procedures appropriate to ensure adequate integrity, security and confidentiality of electronic records or payments; and (e) any other required attributes for electronic records or payments that are currently specified for corresponding paper documents. [S. 40 amended by s. 9 of Act 27 of 2012 w.e.f. 22 December 2012.] PART XII — ADMINISTRATION