Choice and consent under the ETA

Choice and consent under the ETA

The Electronic Transactions Act 1999 (ETA) confirms that electronic processes are just as legally valid as paper ones for Commonwealth law. But it also lets people choose, in some circumstances, which methods they will accept.

About consent

Consent can be a condition under the ETA when sending electronic communications (like information, documents, or signatures) to a person who is not a Commonwealth entity.

When consent is required, the recipient (the person who receives a communication) may need to have indicated their approval (or consent) to receive the communication electronically.

Without consent, the communication might not be valid.

Example: A company uses an email to send Millicent an important notice required under Commonwealth law. Millicent and the company have a history of sending each other emails without issue, so it can be inferred that Millicent has provided her consent – unless there is anything to indicate the contrary.

How to show consent

Under the ETA, a recipient's consent may be required to use electronic communications. However, their consent does not necessarily need to be explicitly or formally given.

There are 2 ways to indicate consent, both of which would generally meet the ETA requirement:

Inferred consent

Inferred consent means that consent can be read from the context or past interactions. So, if parties regularly use electronic communications for similar purposes, or have been using electronic communications with each other in the past without issue, it could be assumed or inferred that they consent to keep doing so – unless there is anything to indicate the contrary.

Express consent

Express consent is acceptance given through a more clear or direct statement. This could involve actions like agreeing to terms and conditions that clearly mention consent for electronic communications, or clearly agreeing to receive emails instead of mail from your bank. This can be a good way to be crystal clear about consent, but it can involve extra steps.

Withdrawing consent and exceptions

The recipient of an electronic communication can generally change their mind about receiving documents, signatures and information electronically at any time – even after they have agreed to it.

If someone no longer consents to receiving electronic communications, the sender might need to send future communications in paper or physical form (also known as ‘hard copy').

However, there are times where the rules around consent are a bit different:

  • A recipient might not be able to receive all of an organisation's services or assistance if they do not agree to electronic communication – especially for organisations that mostly operate electronically.
  • A recipient might have an agreement with the sender that sets out the process of changing their mind about consent, or what happens if they do not agree to use electronic communications.
  • If there is an exemption to the ETA, the sender might not need the recipient's consent to send electronic messages. Find out more about exemptions to the ETA.
  • Once someone has given consent for something that's already happened, they cannot later take it back.

Example: Cynthia signed an agreement which said that she agrees to receive electronic notices from an agency. She now wants to withdraw consent and only receive paper notices. She may need to read her agreement carefully and consider what is needed to notify the agency, and how it may affect her agreement with the agency.

It can be helpful to contact the organisation, person or department to talk about their use or acceptance of electronic methods. If otherwise in doubt, or if the question is important to you, you should seek assistance or legal advice.

Risks and concerns using electronic communications

The ETA supports people's choice to about how to use electronic tools, and sets basic standards for electronic equivalence of paper documents.

Individuals, private entities and Commonwealth agencies should continue to comply with any other applicable laws and practices in order to reduce the risks of fraud and privacy breaches.

For more information, visit:

More detailed information

This page contains guidance and summary information, and not comprehensive legal advice.

If you require more detailed information, you should review the ETA or seek legal advice.