ELECTRONIC CONVEYANCING ACT 2014 - SECT 12
ELECTRONIC CONVEYANCING ACT 2014 - SECT 12
12 . Reliance on, and repudiation of, digital signatures (cf. ECNL s. 12)
(1) If a
subscriber’s digital signature is created for a registry instrument or
other document in connection with a conveyancing transaction, then —
(a)
unless that subscriber repudiates that digital signature, that registry
instrument or other document is to be taken to be signed by that subscriber;
and
(b)
unless that subscriber repudiates that digital signature, that digital
signature is binding, in relation to that registry instrument or other
document, on —
(i)
that subscriber; and
(ii)
all other persons (if any) for whom that subscriber acts
under a client authorisation with respect to that conveyancing transaction;
and
(c)
unless that subscriber repudiates that digital signature, that digital
signature is binding, in relation to that registry instrument or other
document, for the benefit of —
(i)
each of the parties to that conveyancing transaction; and
(ii)
each subscriber who acts under a client authorisation
with respect to that conveyancing transaction; and
(iii)
any person claiming through or under any person to whom
subparagraph (i) applies; and
(iv)
the Authority, the Registrar and the Commissioner, once
that registry instrument or other document is lodged electronically in
accordance with section 7;
and
(d) that
subscriber cannot repudiate that digital signature except in the circumstances
set out in subsection (4).
(2) Subsection (1)
applies regardless of —
(a) who
created the subscriber’s digital signature; and
(b) the
circumstances (including fraud) in which the subscriber’s digital
signature was created.
(3) Subsection (1)
does not prevent the unsigning of a registry instrument or other document.
(4) Despite
subsections (1) and (2), a subscriber can repudiate the subscriber’s
digital signature with respect to a registry instrument or other document if
the subscriber establishes —
(a) that
the digital signature was not created by the subscriber; and
(b) that
the digital signature was not created by a person who, at the time the
subscriber’s digital signature was created for the registry instrument
or other document —
(i)
was an employee, agent, contractor or officer (however
described) of the subscriber; and
(ii)
had the subscriber’s express or implied authority
to create the subscriber’s digital signature for any document or
documents;
and
(c) that
neither of the following enabled the subscriber’s digital signature to
be created for the registry instrument or other document —
(i)
a failure by the subscriber, or any of the
subscriber’s employees, agents, contractors or officers, to fully comply
with the requirements of the participation rules;
(ii)
a failure by the subscriber, or any of the
subscriber’s employees, agents, contractors or officers, to take
reasonable care.
(5) For the purposes
of subsection (4)(b)(ii), it does not matter whether the authority was —
(a)
general; or
(b)
limited or restricted to documents of a particular class or to a particular
document or in any other way.