Queensland Consolidated Acts

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PROPERTY LAW ACT 1974 - SECT 44

Definitions for division

44 Definitions for division

In this division—

"accepted method" , for electronically signing a document, means a method that—

(a) identifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and
(b) is either—
(i) as reliable as appropriate for the purposes for which the document is made or signed, having regard to 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) is consented to by each other signatory to the document.

"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.

"copy" , of an electronic document, means a reproduction of the document in either electronic or hard copy form.

"counterpart" , for a document, see section 45 .

"document" means any record of information however recorded and includes—
(a) anything on which there is writing; and
(b) anything on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them; and
(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and
(d) any record of information that exists in digital form and is capable of being reproduced, transmitted, stored or duplicated by electronic means.

"electronically sign" , a document, means sign the document using an accepted method.

"electronic document" means—
(a) a record of information reproduced from a thing mentioned in definition
"document" , paragraph (c) ; or
(b) a document of a type mentioned in definition
"document" , paragraph (d) .

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

"physical document" means a document of a type mentioned in definition
"document" , paragraph (a) or (b) .

"seal" , of a corporation, includes a common seal of the corporation.

"secretary" , of a corporation, means the clerk, secretary or other permanent officer of the corporation.

"sign" , a document, means—
(a) for a physical document—physically sign the document; or
(b) for an electronic document—electronically sign the document.



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