New South Wales Consolidated Acts

ELECTRONIC TRANSACTIONS ACT 2000 - SECT 9

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 approval of the information communicated, and

(b) 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) 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).

(2) This section does not affect the operation of any other law of this jurisdiction 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 12 sets out exemptions from this section.