Volume 10 Issue 1

E-Commerce: Global or Local?
An Australian Case Study

AARON UPCROFT

This paper is the first in a series of case studies on the implementation of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce. It is a critical analysis of Australia’s regulatory approach to E-Commerce within the International framework.

International Framework

The UNCITRAL Model Law represents the internationally accepted set of rules relating to electronic commerce. The purpose of the international discussion is to formulate a set of common, relevant issues for the topic. This analysis will form the basic framework upon which the domestic developments in Australia will be assessed.

Australia’s Response

In March 1998, the Electronic Commerce Expert Group to the Attorney General (ECEG) released its report, “Electronic Commerce: Building the Legal Framework”. This report is the foundation upon which legislation will be introduced and henceforth, the initial subject of discussion.

The Electronic Transactions Bill 1999 (Cth) is currently before parliament and forms an integral part of Australia’s E-Commerce strategy along with Victoria’s Electronic Commerce Framework Bill. These proposed pieces of legislation, along with other relevant Australian reports into e-commerce, will be critically analysed against the background of international developments.

Uniformity?

Uniformity is of utmost importance if any regulatory system is to succeed in this area due to the global nature of the subject matter and the global disputes that are certain to arise. The paper will focus on the issue of uniformity of formation of regulatory systems and approaches and contain an assessment of whether Australia’s approach will contribute to the uniformity of e-commerce laws.