s 10B Establishment of electronic transaction system
10B.—(1) The Public Guardian may establish an electronic transaction system —(a) to enable any donor to create an electronic instrument with a view to creating a lasting power of attorney; (b) to enable any person to carry out any transaction with the Public Guardian; (c) to enable a person to give a notice to another person under or for the purposes of this Act; (d) to enable the Public Guardian to issue any approval, certification, notice or other document under or for the purposes of this Act; (e) to enable the Public Guardian to attach a note to any lasting power of attorney; (f) to enable the Public Guardian to provide to persons entitled copies or extracts of documents filed or lodged with, submitted to, or issued by, the Public Guardian; (g) to enable the Public Guardian to provide a service for the supply to the public of non-confidential information relating to transactions with the Public Guardian; and (h) to enable the Public Guardian to carry out any of the Public Guardian’s functions, or to provide any other service falling within those functions. (2) The non-confidential information that may be provided under the service mentioned in subsection (1)(g) —(a) may include —(i) information extracted from documents filed or lodged with, submitted to, or issued by, the Public Guardian; and (ii) collations, summaries, reports or analyses of documents filed or lodged with, submitted to, or issued by, the Public Guardian; and (b) may be derived from documents filed or lodged with, submitted to, or issued by, the Public Guardian other than through the electronic transaction system. (3) Where any transaction with the Public Guardian can be carried out using the electronic transaction system, the Public Guardian may refuse to process the transaction unless —(a) the transaction is carried out in accordance with this Part, including the requirements for the use of the electronic transaction system specified in subsection (4); (b) the transaction meets the requirements prescribed in this Act or specified by the Public Guardian (as the case may be) for that transaction; and (c) the fee payable for the transaction has been paid. (4) Subject to this Part and any regulations made under section 46, the Public Guardian may, from time to time, determine the requirements for the use of the electronic transaction system, which may include —(a) conditions of access to, and use of, the electronic transaction system; (b) security and authentication requirements for access to, and use of, the electronic transaction system; (c) retention and production of documents supporting or authenticating transactions; and (d) modes of payment for transactions. (5) The Public Guardian must keep a record, in such form as the Public Guardian may determine, of —(a) all transactions with the Public Guardian that are carried out using the electronic transaction system; (b) all approvals, certifications, notices and other documents issued by the Public Guardian under or for the purposes of this Act through the electronic transaction system; and (c) all notes attached by the Public Guardian to any lasting power of attorney using the electronic transaction system. (6) The Public Guardian must ensure that each of the following documents is kept in such form as the Public Guardian may determine, that ensures the integrity, and enables the retrieval, of the document:(a) any lasting power of attorney that is created using the electronic transaction system; (b) any electronic copy of a non-electronic lasting power of attorney. [Act 16 of 2021 wef 14/11/2022]