Commonwealth Consolidated Acts

ELECTRONIC TRANSACTIONS ACT 1999 - SECT 10

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 approval of the information communicated; and

                     (b)  in all cases--having regard to all the relevant circumstances at the time the method was used, the method was as reliable as was appropriate for the purposes for which the information was communicated; 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; and

                     (d)  if the signature is required to be given to a person who is neither a Commonwealth entity nor a person acting on behalf of a Commonwealth entity--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).

Certain other laws not affected

             (2)  This section does not affect the operation of any other law of the Commonwealth that makes provision for or in relation to requiring:

                     (a)  an electronic communication to contain an electronic signature (however described); or

                     (b)  an electronic communication to contain a unique identification in an electronic form; or

                     (c)  a particular method to be used in relation to an electronic communication to identify the originator of the communication and to indicate the originator's approval of the information communicated.

Note:          Section 13 sets out exemptions from this section.