Victorian Consolidated Legislation

Electronic Transactions (Victoria) Act 2000 - SECT 9

Signatures

9. Signatures



(1) If, by or 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 provides for exemptions from this section.