No.8
DEEDS REGISTRIES AMENDMENT
91
Use of electronic data generally as evidence
(I) In the event of any discrepancy between an electronic copy of
a document lodged with the electronic registry and the material version of
the same document that is lodged with the paper-based Deeds Registry,
the latter shall be deemed to be the authentic record of the document.
(2) Notwithstanding anything to the contrary contained in any
other law, the admissibility in evidence of any electronic data for any
purpose under this Act shall not be denied(a)
on the sole ground that it is electronic data; or
(b)
if it is the best evidence that the person adducing it can
reasonably be expected to obtain, on the grounds that it is
not in original form.
(3) Information in the form of electronic data shall be given due
evidential weight.
(4) In assessing the evidential weight of electronicdataacourtshall
have regard to such of the following considerations as may be applicable
in the circumstances of the case-
92
(a)
the reliability of the manner in which the data was generated,
stored and communicated; and
(b)
the reliability of the manner in which the integrity of the
data was maintained; and
(c)
the manner in which its originator was identified.
User agreements
The registrar shall, for the purpose of regulating the use of the electronic
registry by registered users, enter into a user agreement with each registered
user substantially in the form set out in the Second Schedule.
93
Registration of registered users and suspension or cancellation
of registration
(I) No person shall communicate with the Registrar through the
electronic registry unless such person is a registered user.
(2) An application for registration as a registered user shall be
made in the prescribed form, and be accompanied by the user agreement
completed by the applicant and the prescribed fee, if any, and such other
information as the Registrar may reasonably require the applicant to
furnish in support of the application.
(3) If, after considering an application in terms of subsection (2)
and making such enquiries as he or she may deem necessary, the Registrar
is satisfied that the applicant(a)
will introduce adequate measures to(i)
prevent disclosure of the digital signature or password
allocated to him or her by the Registrar to any person
not authorised to affix such signature; and
(ii)
safeguard the integrity of information communicated
through the electronic registry, apart from any change
which may occur in the normal course of such
communication or during storage and display of such
information;
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2017