Section 8E: General reliability standard
This section is inserted by The Electronic Transactions (Amendment) Act 2026, section 6.
consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
8E. General reliability standard
(1) A method shall be regarded as reliable where it is appropriate for the fulfilment
of the function for which it is being used, having regard to all relevant circumstances,
including –
(a) any operational rules relevant to the assessment of reliability;
(b) assurance of data integrity;
(c) ability to prevent unauthorised access to and use of the system;
(d) security of hardware and software;
(e) regularity and extent of audit by an independent body;
(f) existence of declaration by a supervisory body, an accreditation body
or a voluntary scheme regarding the reliability; and
(g) applicable industry standards.
(2) Notwithstanding subsection (1), a method shall be regarded as reliable if it is
proven in fact to have fulfilled that function for which it was used, either by itself or
together with further evidence.
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Questions this section answers
- What factors decide whether a method used for an electronic transferable record is reliable?