The Framework also reflects international best practice and the existence of model
laws and other instruments of public international law in each area of concern.
However, the Framework is not itself a model law, thereby focusing the debate within
the Task Force on the nature of the provisions being recommended to Partner States
and avoiding the need for detailed scrutiny of specific draft provisions. This approach
reflects not only the progress of the law reform process already underway within
certain Partner States, but is also a pragmatic response to the work that has already
been carried out in various forums and intergovernmental organisations.
The following discussed the areas in which it is recommended that legal provisions
are adopted. Each topic is considered separately, although a Partner State may
obviously, for reasons of legislative efficiency, decide to develop a draft bill
addressing one or more topic. Where measures address more than one topic, however,
it should be borne in mind that the nature of the political debate generated by each
topic can differ considerably, such that controversy and resistance to the adoption of
provisions on one topic may impact adversely on the adoption of the whole package
of law reform proposals. For example, measures facilitating electronic transactions,
could be less controversial than measures enhancing authority in the investigation of
computer crime.
2.1
Electronic transactions
The overriding objective of a measure on electronic transactions is to facilitate the use
of electronic means of communication to enter into and execute legal acts. The range
of acts covered by the term ‘electronic transactions’ are not confined to commercial
agreements for the purchase goods, products or services, but also encompasses
interactions with government and administrative bodies, in either a commercial or
non-commercial context.
2.1.1
General provisions
As with any legislative measure, there are certain matters that need to be addressed at
the outset to aid interpretation and implementation of the measure. This section
highlights four such issues: purpose and policy; sphere of application; variation and
statutory definitions.
When adopting a measure on electronic transactions, governments have certain aims
and objectives that the measure is intended to achieve. Such policy objectives can be
expressly stated in the legislative instrument, e.g.:
(a) To facilitate domestic and international electronic commerce by
eliminating legal barriers and establishing legal certainty;
(b) To encourage the use of reliable forms of electronic commerce;
(c) To facilitate electronic filing of documents with Government and to
promote efficient delivery of Government services by means of reliable forms
of electronic communications;
6