Singapore legislation

Section 16A

of Electronic Transactions Act 2010

Section 16A

Interpretation of this Part

Amended by5/20215/2021

(1)

In this Part, unless the context otherwise requires —

Amended by5/2021

Definition

“bill of exchange” includes a bill of exchange within the meaning of the Bills of Exchange Act 1949, or under any other rule of law, or the law of a country or territory outside Singapore;

Definition

“bill of lading” includes a bill of lading within the meaning of the Carriage of Goods by Sea Act 1972, the Bills of Lading Act 1992, or under any other rule of law, or the law of a country or territory outside Singapore;

Definition

“electronic record” means a record generated, communicated, received or stored by electronic means, including (where appropriate) all information logically associated with or otherwise linked together so as to become part of the record, whether generated contemporaneously or not;

Definition

“electronic transferable record” means an electronic record that complies with all the requirements of section 16H;

Definition

“electronic transferable records management system” means an information system for the issuance, transfer, control, presentation and storage of electronic transferable records;

Definition

“Model Law” means the UNCITRAL Model Law on Electronic Transferable Records adopted by the United Nations Commission on International Trade Law on 13 July 2017;

Definition

“promissory note” includes a promissory note within the meaning of the Bills of Exchange Act 1949, or under any other rule of law, or the law of a country or territory outside Singapore;

Definition

“provider”, in relation to an electronic transferable records management system, means a person that provides to another person the use of an electronic transferable records management system;

Definition

“transferable document or instrument” means a document or an instrument issued on paper that entitles the holder to claim the performance of the obligation indicated in the document or instrument and to transfer the right to performance of the obligation indicated in the document or instrument through the transfer of that document or instrument, and includes —

(a)

a bill of exchange;

(b)

a promissory note; and

(c)

a bill of lading.

Amended by5/2021

(2)

In the interpretation of any provision of this Part —

(a)

regard is to be had to the international origin of the Model Law and the need to promote uniformity in its application; (b)the following documents are relevant documents for the purposes of section 9A(3)(f) of the Interpretation Act 1965:

(i)

any document relating to the Model Law that is issued by, or that forms part of the record on the preparation of the Model Law maintained by, the United Nations Commission on International Trade Law and its working group for the preparation of the Model Law;

(ii)

the Explanatory Note to the UNCITRAL Model Law on Electronic Transferable Records; and

(c)

any question concerning matters governed by this Part which are not expressly settled in this Part are to be settled in conformity with the general principles on which the Model Law is based.

Amended by5/2021
Section 16A — Electronic Transactions Act 2010 | laws.sg