In a major step for Australia's digital trade agenda, the Standing Council of Attorneys-General (SCAG) issued a communique on 14 November 2025, confirming that the Model Law on Electronic Transferable Records (MLETR) will be implemented via uniform amendments to each state and territories Electronic Transactions Acts (ETAs). This signals a coordinated, national commitment to modernising trade documentation.
According to the communique, Australia proposed implementing MLETR through consistent amendments across the ETAs in all jurisdictions. A working group, composed of officials from the states and territories will be established to develop a national model for these amendments, and the Australasian Parliamentary Counsel's Committee will undertake the formal drafting of these changes. There was broad recognition that the reform could deliver "significant economic and productivity benefits" for Australia, but that effective and timely consultation across all jurisdictions would be critical.
The Attorney-General's Department (AGD) has emphasised that the implementation must be consistent, facilitative, and technology-neutral, hallmarks of a future-ready legal framework. The Model Law on Electronic Transferable Records, developed by UNCITRAL, provides a legal structure to treat digital equivalents of traditional "paper-based transferable documents" (like bills of lading or warehouse receipts) as having the same legal effect as their paper counterparts.
Key features include functional equivalence, i.e., an electronic transferable record must contain the same essential information as a paper document and rely on a reliable method to identify, control, and preserve the record. The law does not prescribe a specific technical implementation, whether via registries, distributed ledgers, tokens, or other systems, and is technology neutral. It proposes that electronic records should be treated no less favourably than paper-based transferable documents.
By embedding these principles in Australian law, the MLETR can unlock "paperless trade", giving industry the legal certainty to digitise key trade documents.
Australia already has a framework for electronic transactions: the Electronic Transactions Act 1999 and its counterparts in each state and territory. However, these acts were primarily designed to validate general electronic communications (signatures, sending documents, etc.), not the more specialised concept of transferable records.
The working group established by SCAG will drive development of a national model for the MLETR-aligned amendments. This is a critical step to ensure all jurisdictions converge on a uniform legal approach. The Australasian Parliamentary Counsel's Committee will draft the proposed legislative changes. This means the amendments will likely be carefully tailored to integrate into existing ETA frameworks.
Once drafted and agreed, jurisdictions will need to pass the necessary laws. Given the SCAG communique, a coordinated and harmonised rollout is likely. This could pave the way for significant uptake of electronic trade logistics infrastructure. With legal certainty in place, banks, logistics companies, and trade service providers will be better positioned to invest in e-trade systems. But adoption will depend on the rest of the ecosystem (technology providers, insurers, regulators) keeping pace.