Licensing to issue Digital Signature Certificates permits applications to the Controller, subject to prescribed requirements concerning qualifications, expertise, manpower, financial resources and infrastructure facilities. A granted licence is valid for the period prescribed by the Central Government, cannot be transferred or inherited, and remains subject to terms and conditions specified by regulations.

The Controller functions as repository for Digital Signature Certificates and must use secure hardware, software and procedures against intrusion and misuse. It must comply with prescribed standards safeguarding digital-signature secrecy and security, and maintain a computerised database of public keys accessible to every member of the public.

Recognition of a foreign Certifying Authority is subject to regulatory conditions and restrictions, previous Central Government approval, and Official Gazette publication. Certificates issued by a recognised foreign Certifying Authority are valid for relevant statutory purposes. Recognition may be revoked for contravention of attached conditions or restrictions, provided reasons are recorded in writing and the revocation is published in the Official Gazette.

The Controller may supervise Certifying Authorities, certify their public keys, prescribe operational standards and employee qualifications, and regulate Digital Signature Certificate materials, formats, accounts, and auditors. The Controller may also regulate electronic systems and subscriber dealings, resolve conflicts of interest, lay down Certifying Authority duties, and maintain a publicly accessible database of disclosure records.

The Central Government may appoint the Controller of Certifying Authorities, Deputy Controllers and Assistant Controllers by Official Gazette notification. The Controller functions under the Central Government's general control and directions, while Deputy Controllers and Assistant Controllers perform functions assigned by the Controller under the Controller's supervision. The Central Government prescribes service qualifications and conditions, specifies office locations, and may establish Head and Branch Offices. The Office of the Controller must have a seal.

Security procedures for secure electronic records and secure electronic signatures are to be prescribed by the Central Government. The prescribed procedure must account for prevailing commercial circumstances, including the nature of the transaction, parties' technological sophistication, comparable transaction volume, rejected alternatives, costs of alternative procedures, and practices generally used for similar transactions or communications.

Secure digital signature status depends on an agreed security procedure verifying, at the time of affixation, that the signature is unique to and identifies the subscriber, is created using means under the subscriber's exclusive control, and is linked to the electronic record so that alteration invalidates it. Where these cumulative conditions are satisfied, the signature is deemed a secure digital signature.

Security procedures applied to an electronic record at a specific point in time give the record deemed status as a secure electronic record. This status operates from the moment the security procedure is applied and continues until verification. The deemed classification depends on application of the security procedure and covers the period between its application and verification, establishing the duration of secure electronic record status.

Electronic-record despatch occurs when the record enters a computer resource outside the originator's control. Receipt occurs on entry into the addressee's designated computer resource, on retrieval where sent to a non-designated resource, or on entry into the addressee's computer resource if none is designated. Despatch and receipt are deemed to occur at the respective parties' places of business, regardless of computer-resource location, subject to contrary agreement.

Electronic-record acknowledgment may be made by any communication or conduct indicating receipt where no agreed form or method exists. If the originator makes acknowledgment a condition of the record being binding, non-receipt causes the record to be deemed never sent. Otherwise, after non-receipt within the applicable period, the originator may give notice, fix a reasonable deadline, and treat the record as never sent if acknowledgment is still not received.

Attribution of an electronic record to its originator arises where the originator personally sends it, where it is sent by a person authorised to act for the originator in relation to that record, or where an information system programmed by or for the originator automatically transmits it.

Central Government rule-making power enables prescription of digital signature types, affixation formats, and identification procedures for persons affixing digital signatures. Rules may establish controls protecting the integrity, security and confidentiality of electronic records or payments and address other matters necessary to confer legal effect on digital signatures.

Electronic governance provisions do not create an enforceable entitlement to require governmental ministries, departments, authorities, or publicly controlled or funded bodies to use electronic records. Such bodies cannot be compelled to accept, issue, create, retain, or preserve documents electronically, or to conduct monetary transactions in electronic form. Electronic governance is enabled without imposing mandatory electronic acceptance or transaction processing on public bodies.

Publication in either the Official Gazette or Electronic Gazette fulfils a legal requirement that a rule, regulation, order, bye-law, notification or other matter be published in the Official Gazette. Where publication occurs in either form, the legally deemed publication date is the date of the Gazette first published in any form.

Electronic retention satisfies a legal requirement to preserve records for a specified period where the information remains accessible for subsequent reference, is retained in its original format or an accurately representative format, and contains details identifying its origin, destination, and dispatch or receipt time. Automatically generated transmission-enabling information is excluded from the identification-detail requirement. The provision does not apply where another law expressly requires electronic retention.

Section 6 enables electronic governance by treating requirements for government filings, licences, approvals, receipts and payments as satisfied when completed through electronic forms prescribed by the appropriate Government. The appropriate Government may make rules governing the manner and format for filing, creating or issuing electronic records, and the method for payment of related fees or charges.

Legal recognition is accorded to digital signatures for statutory authentication and signature requirements. A legal requirement for information or another matter to be authenticated by signature, or for a document to be signed or bear a signature, is satisfied when a digital signature is affixed in the manner prescribed by the Central Government.

Section 4 grants legal recognition to electronic records where another law requires information or other matter to be in writing, typewritten, or printed form. The requirement is fulfilled when the information is made available electronically and remains accessible for subsequent reference.

Authentication of electronic records permits a subscriber to authenticate an electronic record by affixing a digital signature. Authentication is effected through an asymmetric cryptographic system and hash function. The same electronic record produces the same hash result, while reconstruction of the original record from that result and identical results from two electronic records must be computationally infeasible. Verification may be performed using the subscriber's public key; the private and public keys are unique to the subscriber and constitute a functioning key pair.

GST liability of airport duty-free shops and the mechanism for refunding GST paid by an airport authority to the Department require clarification in light of a Supreme Court decision concerning non-imposition of indirect tax on such shops. Assistance and instructions have been sought on these issues, which remain listed for further hearing.