Year 2000 Information Disclosure Act 1999
This Act was repealed by the Statutes (Repeals and Minor Amendments) Act 2014 s. 3 (No. 17 of 2014) as at 6 Sep 2014 (see s. 2(b) and Gazette 5 Sep 2014 p. 3213).
Year 2000 Information Disclosure Act 1999
This Act was repealed by the Statutes (Repeals and Minor Amendments) Act 2014 s. 3 (No. 17 of 2014) as at 6 Sep 2014 (see s. 2(b) and Gazette 5 Sep 2014 p. 3213).
Western Australia
Year 2000 Information Disclosure Act 1999
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
3.Definitions2
4.Crown bound2
Part 2 — Year 2000 disclosure statements
5.Year 2000 disclosure statements3
6.Original Year 2000 disclosure statements3
7.Republished Year 2000 disclosure statements4
Part 3 — Protection from civil liability
8.Protection from civil actions6
9.Exceptions6
10.False or misleading statement exception — explanatory statement to be given8
11.False or misleading statement exception — imputed knowledge9
Part 4 — Presumption against amendment of contracts
12.Presumption against amendment of contracts12
Part 5 — Exemption from section 45 of the Competition Code
13.Exemption from section 45 of the Competition Code13
Part 6 — Regulations
14.Regulations16
Notes
Compilation table17
Western Australia
Year 2000 Information Disclosure Act 1999
The Parliament of Western Australia enacts as follows:
This Act may be cited as the Year 2000 Information Disclosure Act 1999.
This Act comes into operation on the day on which it receives the Royal Assent.
(1)In this Act —
civil action has the same meaning as in the Commonwealth Act and includes a civil proceeding before a tribunal;
Commonwealth Act means the Year 2000 Information Disclosure Act 1999 of the Commonwealth;
“corresponding law” means a law of the Commonwealth, another State, or a Territory, that corresponds to this Act;
original Year 2000 disclosure statement has the meaning given by section 6;
republished Year 2000 disclosure statement has the meaning given by section 7;
Year 2000 disclosure statement has the meaning given by section 5.
(2)An expression in this Act that is given a particular meaning by the Commonwealth Act has the same meaning in this Act, unless the contrary intention appears.
This Act binds the Crown in right of the State and, subject to the limits of the legislative power of the State, the Crown in all its other capacities.
Part 2 — Year 2000 disclosure statements
5.Year 2000 disclosure statements
For the purposes of this Act, a Year 2000 disclosure statement is —
(a)an original Year 2000 disclosure statement (see section 6); or
(b)a republished Year 2000 disclosure statement (see section 7).
6.Original Year 2000 disclosure statements
(1)For the purposes of this Act, an original Year 2000 disclosure statement is a statement that —
(a)relates solely to any or all of the following —
(i)Year 2000 processing;
(ii)the detection of problems relating to Year 2000 processing;
(iii)the prevention of problems relating to Year 2000 processing;
(iv)the remediation of problems relating to Year 2000 processing;
(v)the consequences or implications, for the supply of goods or services, of problems relating to Year 2000 processing;
(vi)contingency planning, risk management, remediation efforts or other arrangements for dealing with consequences or implications referred to in subparagraph (v);
(vii)the consequences or implications, for the activities or capabilities of a person, of problems relating to Year 2000 processing;
(viii)contingency planning, risk management, remediation efforts or other arrangements for dealing with consequences or implications referred to in subparagraph (vii);
(b)includes words to the effect that the statement is a Year 2000 disclosure statement for the purposes of this Act or a corresponding law;
(c)includes words to the effect that a person may be protected by this Act or a corresponding law from liability for the statement in certain circumstances;
(d)is made after 27 February 1999 and before 1 July 2001;
(e)identifies the person who authorized the statement; and
(f)satisfies one of the following conditions —
(i)the statement is made in writing;
(ii)the statement is made in a data storage device and is capable of being reproduced in writing from that device (with or without the aid of any other article or device);
(iii)the statement is made by way of an electronic communication of writing.
(2)The subparagraphs of subsection (1)(a) do not limit each other.
(3)A statement is taken to comply with subsection (1)(b) and (c) if the statement includes the following words:
This statement is a Year 2000 disclosure statement for the purposes of the Year 2000 Information Disclosure Act 1999. A person may be protected by that Act from liability for this statement in certain circumstances.
7.Republished Year 2000 disclosure statements
For the purposes of this Act, a republished Year 2000 disclosure statement is a statement that —
(a)consists of the republication, retransmission, reproduction, recital or reading aloud of the whole of an original Year 2000 disclosure statement;
(b)is made after 27 February 1999 and before 1 July 2001; and
(c)is made —
(i)orally;
(ii)in writing;
(iii)in a data storage device;
(iv)by way of an electronic communication of writing; or
(v)by way of an electronic communication of speech.
Part 3 — Protection from civil liability
8.Protection from civil actions
(1)No civil action lies against a person for or in relation to any matter or thing arising out of, or incidental to, the making of a Year 2000 disclosure statement.
(2)A Year 2000 disclosure statement is not admissible as evidence against a person in a civil action to which the person is a party.
(1)The rules in section 8 do not apply to a person (the first person) if —
(a)the Year 2000 disclosure statement is false or misleading in a material particular and the first person —
(i)knew that the statement was false or misleading in a material particular; or
(ii)was reckless as to whether the statement was false or misleading in a material particular;
or
(b)all of the following conditions are satisfied —
(i)the Year 2000 disclosure statement was made to another person (otherwise than in the other person’s capacity as a member of the public or of a section of the public) in connection with the formation of a contract;
(ii)the other person, or a representative of the other person, is a party to the civil action;
(iii)the civil action relates to the contract.
(2)The rules in section 8 do not apply to a Year 2000 disclosure statement if —
(a)the Year 2000 disclosure statement was made in fulfilment of an obligation imposed under a contract; or
(b)the Year 2000 disclosure statement was made in fulfilment of an obligation imposed under a law of the Commonwealth, a State or a Territory.
(3)The rules in section 8 do not apply to a civil action if —
(a)all of the following conditions are satisfied —
(i)the Year 2000 disclosure statement was made for the sole or dominant purpose of inducing persons to acquire goods or services identified in the statement;
(ii)any of those persons acquired the goods or services as a consumer;
(iii)the consumer concerned, or a representative of the consumer concerned, is a party to the civil action;
(iv)the civil action relates to the goods or services acquired by the consumer;
or
(b)all of the following conditions are satisfied —
(i)the Year 2000 disclosure statement was made for the sole or dominant purpose of inducing a particular consumer to acquire goods or services identified in the statement;
(ii)the consumer acquired the goods or services;
(iii)the consumer, or a representative of the consumer, is a party to the civil action;
(iv)the civil action relates to the goods or services acquired by the consumer.
(4)The rules in section 8 do not apply to a civil action to the extent to which —
(a)the civil action consists of proceedings for a restraining injunction or for declaratory relief; or
(b)the civil action consists of proceedings instituted by a person or body under a law of the Commonwealth, a State or a Territory —
(i)in the performance of a regulatory or enforcement function conferred on the person or body by such a law; or
(ii)in the exercise of a regulatory or enforcement power conferred on the person or body by such a law;
or
(c)the civil action is an action for infringement of copyright, a trade mark, a design or a patent.
(5)The paragraphs of subsections (1), (2), (3) and (4) do not limit each other.
(6)Section 4B of the Trade Practices Act 1974 of the Commonwealth applies for the purposes of subsection (3)(a) and (b) of this section in a corresponding way to the way in which it applies for the purposes of the Trade Practices Act 1974 of the Commonwealth.
(7)For the purposes of subsection (6), it is to be assumed that a reference in section 4B of the Trade Practices Act 1974 of the Commonwealth to services does not include a reference to financial services (within the meaning of that Act).
(8)Section 12BC of the Australian Securities and Investments Commission Act 1989 of the Commonwealth applies for the purposes of subsection (3)(a) and (b) of this section in a corresponding way to the way in which it applies for the purposes of Division 2 of Part 2 of that Act.
10.False or misleading statement exception — explanatory statement to be given
(1)If a civil action is instituted against a person (the first person) by another person (the second person), the first person is not entitled to plead or otherwise rely on the rule in section 8(1) unless —
(a)the first person gives the second person a statement (the explanatory statement) to the effect that the first person believes that the exception set out in section 9(1)(a) is not applicable;
(b)the explanatory statement sets out the grounds for that belief; and
(c)the explanatory statement satisfies one of the following conditions —
(i)the explanatory statement is made in writing;
(ii)the explanatory statement is made in a data storage device and is capable of being reproduced in writing from that device (with or without the aid of any other article or device);
(iii)the explanatory statement is made by way of an electronic communication of writing.
(2)If the first person gives the second person an explanatory statement as mentioned in subsection (1), the explanatory statement is not admissible in any civil action except for the purposes of determining whether subsection (1) has been complied with.
(3)The second person may waive compliance with subsection (1).
11.False or misleading statement exception — imputed knowledge
(1)If, in any proceedings, it is necessary to establish for the purposes of section 9(1)(a) —
(a)whether a body corporate knew that a Year 2000 disclosure statement was false or misleading in a material particular; or
(b)whether a body corporate was reckless as to whether a Year 2000 disclosure statement was false or misleading in a material particular,
it is sufficient to show that —
(c)a director, employee or agent of the body corporate engaged in conduct in relation to the Year 2000 disclosure statement;
(d)the director, employee or agent was, in engaging in that conduct, acting within the scope of his or her actual or apparent authority; and
(e)the director, employee or agent —
(i)knew that the Year 2000 disclosure statement was false or misleading in a material particular; or
(ii)was reckless as to whether the Year 2000 disclosure statement was false or misleading in a material particular,
as the case may be.
(2)If, in any proceedings, it is necessary to establish for the purposes of section 9(1)(a) —
(a)whether a person other than a body corporate knew that a Year 2000 disclosure statement was false or misleading in a material particular; or
(b)whether a person other than a body corporate was reckless as to whether a Year 2000 disclosure statement was false or misleading in a material particular,
it is sufficient to show that —
(c)an employee or agent of the person engaged in conduct in relation to the Year 2000 disclosure statement;
(d)the employee or agent was, in engaging in that conduct, acting within the scope of his or her actual or apparent authority; and
(e)the employee or agent —
(i)knew that the Year 2000 disclosure statement was false or misleading in a material particular; or
(ii)was reckless as to whether the Year 2000 disclosure statement was false or misleading in a material particular,
as the case may be.
(3)A reference in this section to a director includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.
Part 4 — Presumption against amendment of contracts
12.Presumption against amendment of contracts
(1)The making of a Year 2000 disclosure statement is taken not to amend, alter or vary a contract unless —
(a)both —
(i)the parties to the contract have expressly agreed to the amendment, alteration or variation; and
(ii)that agreement satisfies one of the conditions set out in subsection (2);
or
(b)the contract expressly provides for the amendment, alteration or variation by way of the making of a Year 2000 disclosure statement.
(2)The conditions referred to in subsection (1)(a)(ii) are as follows —
(a)the agreement is made in writing;
(b)the agreement is embodied in a data storage device and is capable of being reproduced in writing from that device (with or without the aid of any other article or device);
(c)the agreement is made by way of one or more electronic communications of writing.
(3)Nothing in, or done under, this section affects the operation of a condition or warranty that is taken to form part of a contract by virtue of the provisions of another Act.
Part 5 — Exemption from section 45 of the Competition Code
13.Exemption from section 45 of the Competition Code
(1)Section 45 of the Competition Code of Western Australia does not apply to or in relation to —
(a)a contract or arrangement made —
(i)after 27 February 1999; and
(ii)before 1 July 2001;
or
(b)an understanding arrived at —
(i)after 27 February 1999; and
(ii)before 1 July 2001,
to the extent to which the contract, arrangement or understanding provides for the disclosure or exchange of information, or for the disclosure and exchange of information, by any or all of the parties to the contract, arrangement or understanding, for the sole purpose of facilitating any or all of the following —
(c)the detection of problems relating to Year 2000 processing;
(d)the prevention of problems relating to Year 2000 processing;
(e)the remediation of problems relating to Year 2000 processing;
(f)awareness of the consequences or implications, for the supply of goods or services, of problems relating to Year 2000 processing;
(g)contingency planning, risk management, remediation efforts or other arrangements for dealing with consequences or implications referred to in paragraph (f);
(h)awareness of the consequences or implications, for the activities or capabilities of a person, of problems relating to Year 2000 processing;
(i)contingency planning, risk management, remediation efforts or other arrangements for dealing with consequences or implications referred to in paragraph (h).
(2)Section 45 of the Competition Code of Western Australia does not apply to or in relation to —
(a)a contract or arrangement proposed to be made —
(i)after 27 February 1999; and
(ii)before 1 July 2001;
or
(b)an understanding proposed to be arrived at —
(i)after 27 February 1999; and
(ii)before 1 July 2001,
to the extent to which the proposed contract, arrangement or understanding would provide for the disclosure or exchange of information, or for the disclosure and exchange of information, by any or all of the parties to the contract, arrangement or understanding, for the sole purpose of facilitating any or all of the following —
(c)the detection of problems relating to Year 2000 processing;
(d)the prevention of problems relating to Year 2000 processing;
(e)the remediation of problems relating to Year 2000 processing;
(f)awareness of the consequences or implications, for the supply of goods or services, of problems relating to Year 2000 processing;
(g)contingency planning, risk management, remediation efforts or other arrangements for dealing with consequences or implications referred to in paragraph (f);
(h)awareness of the consequences or implications, for the activities or capabilities of a person, of problems relating to Year 2000 processing;
(i)contingency planning, risk management, remediation efforts or other arrangements for dealing with consequences or implications referred to in paragraph (h).
The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for giving effect to the purposes of this Act.
1This is a compilation of the Year 2000 Information Disclosure Act 1999 and includes the amendments made by the other written laws referred to in the following table.
|
Short title |
Number and year |
Assent |
Commencement |
|
Year 2000 Information Disclosure Act 1999 |
31 of 1999 |
7 Jul 1999 |
7 Jul 1999 (see s. 2) |
|
This Act was repealed by the Statutes (Repeals and Minor Amendments) Act 2014 s. 3 (No. 17 of 2014) as at 6 Sep 2014 (see s. 2(b) and Gazette 5 Sep 2014 p. 3213) |
|||
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
civil action3(1)
Commonwealth Act3(1)
explanatory statement10(1)
first person9(1), 10(1)
original Year 2000 disclosure statement3(1)
republished Year 2000 disclosure statement3(1)
second person10(1)
Year 2000 disclosure statement3(1)