New South Wales Consolidated Regulations

STRATA SCHEMES MANAGEMENT REGULATION 2016 - REG 17B

17B Requirements for strata managing agent for seal affixed electronically

(1) For the Act, section 273(7), if the seal of the owners corporation is affixed electronically in the presence of a strata managing agent under clause 17A, the strata managing agent must attest to the fact and date of the affixing of the seal--

(a) by the strata managing agent's signature, or

(b) if the strata managing agent is a corporation--by the signature of--

(i) the president, chairperson or other principal officer of the corporation, or

(ii) a staff member of the corporation who is authorised by the president, chairperson or other principal officer to attest to the fact and date of the affixing of the seal.

(2) The requirement for a signature under subclause (1) 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 intention in respect of the information communicated, and

(b) 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) 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).

(3) In this clause--

"consent" includes consent that can reasonably be inferred from the conduct of the person concerned, but does not include consent given subject to conditions unless the conditions are complied with.

"electronic communication" means--

(a) a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both, or

(b) a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system.

"information" means information in the form of data, text, images or sound.