DIGITAL SIGNATURE BILL 1997

A Bill intituled An Act to make provision for, and to regulate the use of, digital signatures and to provide for matters connected therewith.
ARRANGEMENT OF CLAUSES

PART I
PRELIMINARY

1. Short title and commencement.
2. Interpretation.

PART II
CONTROLLER OF CERTIFICATION AUTHORITIES AND THE LICENSING OF CERTIFICATION AUTHORITIES

3. Appointment of Controller.
4. Certification authorities to be licensed.
5. Qualifications of certification authorities.
6. Functions of licensed certification authorities.
7. Application for licence.
8. Grant or refusal of licence.
9. Revocation of licence.
10. Appeal.
11. Surrender of licence.
12. Effect of revocation, surrender or expiry of licence.
13. Effect of lack of licence.
14. Return of licence.
15. Restricted licence.
16. Restriction on use of expression "certification authority".
17. Renewal of licence.
18. Lost licence.
19. Recognition of other licences.
20. Performance audit.
21. Exemption from performance audit.

PART III
REQUIREMENTS OF LICENSED CERTIFICATION AUTHORITIES

22. Activities of licensed certification authorities.
23. Requirement to display licence.
24. Requirement to submit information and particulars relating to business operations.
25. Notification of change of information.
26. Requirements as to advertisement.

PART IV
DUTIES OF LICENSED CERTIFICATION AUTHORITIES AND SUBSCRIBERS

CHAPTER 1

General requirements for licensed certification authorities

27. Use of trustworthy systems.
28. Disclosures on inquiry.
29. Prerequisites to issuance of certificate to subscriber.
30. Publication of issued and accepted certificate.
31. Adoption of more rigorous requirements permitted.
32. Suspension or revocation of certificate for faulty issuance.
33. Suspension or revocation of certificate by order.

CHAPTER 2
Warranties and obligations of licensed certification authorities

34. Warranties to subscriber.
35. Continuing obligations to subscriber.
36. Representations upon issuance.
37. Representations upon publication.

CHAPTER 3
Representations and duties upon acceptance of certificate

38. Implied representations by subscriber.
39. Representations by agent of subscriber.
40. Disclaimer or indemnity limited.
41. Indemnification of licensed certification authority by subscriber.
42. Certification of accuracy of information given.

CHAPTER 4
Control of private key

43. Duty of subscriber to keep private key secure.
44. Property in private key.
45. Licensed certification authority to be fiduciary if holding subscriber's private key.

CHAPTER 5
Suspension of certificate

46. Suspension of certificate by issuing licensed certification authority.
47. Suspension of certificate by Controller or court.
48. Notice of suspension.
49. Termination of suspension initiated by request.
50. Alternate contractual procedures.
51. Prohibition against false or unauthorised request for suspension of certificate.
52. Effect of suspension of certificate.

CHAPTER 6
Revocation of certificate

53. Revocation on request.
54. Revocation on subscriber's demise.
55. Revocation of unreliable certificates.
56. Notice of revocation.
57. Effect of revocation request on subscriber.
58. Effect of notification on licensed certification authority.

CHAPTER 7
Expiration of certificate

59. Expiration of certificate.

CHAPTER 8
Recommended reliance limits and liability

60. Recommended reliance limit.
61. Liability limits for licensed certification authorities.

PART V
EFFECT OF DIGITAL SIGNATURE

62. Satisfaction of signature requirements.
63. Unreliable digital signatures.
64. Digitally signed document deemed to be written document.
65. Digitally signed document deemed to be original document.
66. Authentication of digital signatures.
67. Presumptions in adjudicating disputes.

PART VI
REPOSITORIES AND DATE/TIME STAMP SERVICES

68. Recognition of repositories.
69. Liability of repositories.
70. Recognition of date/time stamp services.

PART VII
GENERAL

71. Prohibition against dangerous activities.
72. Obligation of secrecy.
73. False information.
74. Offences by body corporate.
75. Authorised officer.
76. Power to investigate.
77. Search by warrant.
78. Search and seizure without warrant.
79. Access to computerised data.
80. List of things seized.
81. Obstruction of authorised officer.
82. Additional powers.
83. General penalty.
84. Recovery of procedural costs.
85. No costs or damages arising from seizure to be recoverable.
86. Institution and conduct of prosecution.
87. Jurisdiction to try offences.
88. Protection of officers.
89. Power to exempt.
90. Limitation on disclaiming or limiting application of Act.
91. Regulations.
92. Savings and transitional.

EXPLANATORY STATEMENT


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