Victorian Current Acts Victorian Current Acts(1) If, by or under a law of this jurisdiction, the signature of a person is required, that requirement is taken to have been met in relation to an electronic communication if—
S. 9(1)(a) amended by No. 52/2011 s. 8(1).
(a) a method is used to identify the person and to indicate the person's intention in respect of the information communicated; and
S. 9(1)(b) substituted by No. 52/2011 s. 8(2).
(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
S. 9(1)(c) amended by No. 11/2021 s. 66(1).
(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), having regard to the fact that it is not a sufficient reason to refuse to give consent merely because a person proposes to use a method mentioned in that paragraph.
S. 9(1A) inserted by No. 11/2021 s. 66(2).
(1A) For the avoidance of doubt, a requirement for a signature of a person may be met by electronic signature under subsection (1).
Example
Confirming a person's agreement by electronically selecting an option indicating agreement or affirmation.
S. 9(1B) inserted by No. 11/2021 s. 66(2).
(1B) For the purposes of this section, in relation to a transaction or other signing of a document, not all signatures are required to appear on the one copy of a document.
(2) This section does not affect the operation of any other law of this jurisdiction 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
S. 9(2)(c) amended by No. 52/2011 s. 8(3).
(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.
S. 9(3) inserted by No. 52/2011 s. 8(4).
(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.