Australia
Overview
What Do I Need To Know About eSignature Legislation in Australia?
The Electronic Transactions Act governs the use of electronic signatures in Australia.
How Is an Electronic Signature Defined?
Australian law states than an electronic signature is legal and as enforceable as a wet signature if it meets the following requirements:
- The method used to create the electronic signature must be reliable and appropriate for the purpose of the transaction.
- The person to whom the signature is attributed (signatory) must have given consent to use an electronic signature.
- There must be a reliable method to associate the electronic signature with the relevant electronic communication or document.
What Are Some Examples of eSignature Use Cases?
The following documents can generally be signed electronically.
- Finance: Consent forms, broker contracts, loan applications, financial statements, tax forms, account openings, financial statements, transaction disputes and underwriting documents.
- Human Resources: Employment contracts, onboarding paperwork, non-disclosure agreements, company policies, offer letters and severance agreements.
- Sales: Order confirmations, invoices, sales agreements, quotes, proposals, service agreements, partner contracts and terms and conditions.
- Legal: Powers of attorney agreements, compliance documents, confidentiality agreements, client and stakeholder reports, engagement letters and practice continuation agreements.
Are There Any Exception to Where eSignatures Can Be Applied?
- Wills
- Power of Attorney
- Real estate agreements
- Migration or citizenship documents
Resources
The Electronic Transactions Act: http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/eta1999256/
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