Commonwealth Consolidated Acts

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ELECTRONIC TRANSACTIONS ACT 1999 - SECT 10

Signature

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 intention in respect of the information communicated; and

                     (b)  in all cases--the method used was either:

                              (i)  as reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement; or

                             (ii)  proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence; 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 intention in respect of the information communicated.

             (3)  The reference in subsection (1) to a law that requires a signature includes a reference to a law that provides consequences for the absence of a signature.



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