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            Electronic Transaction legislation in Australia: >

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            Under Australian State, Territory and Commonwealth legislation, a requirement for signature can taken to have been met under the prescribed conditions.

            Electronic Transactions Act 2000 No 8 (NSW) Part 2  Division 2  Section 9 - Signatures
            Electronic Transactions (Victoria) Act 2000  Part 2  Division 2  Section 9 - Signatures
            Electronic Communications Act 2000 (SA) Part 2  Division 2  Section 9 - Signatures
            Electronic Transactions Bill 2011 (WA) Part 2  Division 2  Section 10 - Signatures
            Electronic Transactions Act 2000 (Tas) Part 2  Division 2  Section 7 - Signatures
            Electronic Transactions (Queensland) Act 2001 Part 2  Division 2  Section 14  - Signatures
            Electronic Transactions Act 2000 (ACT) Part 2  Division 2.2  Section 9 - Signatures
            Electronic  Transactions  (Northern Territory) Act 2011 Part 2  Division 2  Section 9 - Signatures
            (1)  If, under a law of this jurisdiction, the signature of a person is required, that requirement is taken to have been met in relation to an electronic communication if:
            (a)  a method is used to identify the person and to indicate the person's intention in respect of the information communicated, and
            (b)  the method used was either:
            (i)  as reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement, or
            (ii)  proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence, and
            (c)  the person to whom the signature is required to be given consents to that requirement being met by way of the use of the method mentioned in paragraph (a).

            Electronic Transactions Act 1999 (Cwth) Part 2  Division 2  Section 10  - Signatures
            Requirement for signature
            (1)  If, under a law of the Commonwealth, the signature of a person is required, that requirement is taken to have been met in relation to an electronic communication if:
            (a)  in all cases—a method is used to identify the person and to indicate the person's intention in respect of the information communicated; and
            (b)  in all cases—the method used was either:
            (i)  as reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement; or
            (ii)  proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence; and
            (c)  if the signature is required to be given to a Commonwealth entity, or to a person acting on behalf of a Commonwealth entity, and the entity requires that the method used as mentioned in paragraph (a) be in accordance with particular information technology requirements—the entity's requirement has been met;

            Updated: 26 Mar 2019 04:41 PM
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