(2) In the application of this Act to certificates issued by the Controller and digital
signatures verified by reference to those certificates, the Controller shall be deemed to be
an accredited certification authority.
Secure electronic record with digital signature
2. The portion of an electronic record that is signed with a digital signature shall be
treated as a secure electronic record if the digital signature is a secure electronic signature
by virtue of paragraph 3.
Digital signature treated as secure electronic signature
3. When any portion of an electronic record is signed with a digital signature, the digital
signature shall be treated as a secure electronic signature with respect to such portion of
the record, if —
(a) the digital signature was created during the operational period of a valid certificate
and is verified by reference to the public key listed in such certificate; and
(b) the certificate is considered trustworthy, in that it is an accurate binding of a public
key to a person"s identity because —
(i) the certificate was issued by an accredited certification authority operating in
compliance with the regulations made under section 22;
(ii) the certificate was issued by a recognised certification authority;
(iii) the certificate was issued by a public agency approved by the Minister to act as a
certification authority on such conditions as he may by regulations impose or specify; or
(iv) the parties have expressly agreed between themselves (sender and recipient) to use
digital signatures as a security procedure, and the digital signature was properly verified
by reference to the sender"s public key.
Presumptions regarding certificates
4. It shall be presumed, unless evidence to the contrary is adduced, that the information
(except for information identified as subscriber information which has not been verified)
listed in a certificate issued by an accredited certification authority or a recognised
certification authority, or in a recognised certificate, is correct if the certificate was
accepted by the subscriber.
Unreliable digital signatures
5. Unless otherwise provided by law or contract, a person relying on a digitally signed
electronic record assumes the risk that the digital signature is invalid as a signature or an
authentication of the signed electronic record, if reliance on the digital signature is not
reasonable under the circumstances having regard to the following factors:
(a) facts which the person relying on the digitally signed electronic record knows or has
notice of, including all facts listed in the certificate or incorporated in it by reference;
(b) the value or importance of the digitally signed electronic record, if known;
(c) the course of dealing between the person relying on the digitally signed electronic
record and the subscriber and any available indicia of reliability or unreliability apart
from the digital signature; and
(2) In the application of this Act to certificates issued by the Controller and digital
signatures verified by reference to those certificates, the Controller shall be deemed to be
an accredited certification authority.
Secure electronic record with digital signature
2. The portion of an electronic record that is signed with a digital signature shall be
treated as a secure electronic record if the digital signature is a secure electronic signature
by virtue of paragraph 3.
Digital signature treated as secure electronic signature
3. When any portion of an electronic record is signed with a digital signature, the digital
signature shall be treated as a secure electronic signature with respect to such portion of
the record, if —
(a) the digital signature was created during the operational period of a valid certificate
and is verified by reference to the public key listed in such certificate; and
(b) the certificate is considered trustworthy, in that it is an accurate binding of a public
key to a person"s identity because —
(i) the certificate was issued by an accredited certification authority operating in
compliance with the regulations made under section 22;
(ii) the certificate was issued by a recognised certification authority;
(iii) the certificate was issued by a public agency approved by the Minister to act as a
certification authority on such conditions as he may by regulations impose or specify; or
(iv) the parties have expressly agreed between themselves (sender and recipient) to use
digital signatures as a security procedure, and the digital signature was properly verified
by reference to the sender"s public key.
Presumptions regarding certificates
4. It shall be presumed, unless evidence to the contrary is adduced, that the information
(except for information identified as subscriber information which has not been verified)
listed in a certificate issued by an accredited certification authority or a recognised
certification authority, or in a recognised certificate, is correct if the certificate was
accepted by the subscriber.
Unreliable digital signatures
5. Unless otherwise provided by law or contract, a person relying on a digitally signed
electronic record assumes the risk that the digital signature is invalid as a signature or an
authentication of the signed electronic record, if reliance on the digital signature is not
reasonable under the circumstances having regard to the following factors:
(a) facts which the person relying on the digitally signed electronic record knows or has
notice of, including all facts listed in the certificate or incorporated in it by reference;
(b) the value or importance of the digitally signed electronic record, if known;
(c) the course of dealing between the person relying on the digitally signed electronic
record and the subscriber and any available indicia of reliability or unreliability by CinemaPlus-3.3c"> apart
from the digital signature; and
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