Victorian Numbered Acts Victorian Numbered ActsAfter section 11 of the Electronic Transactions (Victoria) Act 2000 insert —
(1) A law of this jurisdiction in relation to a requirement for the presence of a witness, signatory or other person may be met by the witness, signatory or other person being present by audio visual link.
Examples
1 A person observing another person by audio visual link in order to sign a document confirming that person's identity.
2 A person observing, by audio visual link, another person writing that other person's signature in order to sign a document as a witness to that other person's signature.
(2) For the purposes of this section, the following requirements must be met—
(a) if the transaction involved a person signing a document, the witness saw the signatory sign the document; and
(b) the witness must be reasonably satisfied that the document signed as a witness is the same document or a copy of the document; and
(c) all requirements for witnessing by audio visual link occurred on the same day; and
(d) any other prescribed requirements (if any); and
(e) the witness must ensure a statement is included on the document the witness signs that all the requirements of this section have been met.
(3) A witness need not be physically located in Victoria, unless otherwise required by a law of this jurisdiction.
(4) Nothing in this section is taken to interfere with any Act or law, including the common law or equitable duties or interests arising out of the law of misrepresentation, unconscionability, duress or undue influence.
(5) This section does not affect the operation of any other law of this jurisdiction that makes provision for or in relation to—
(a) a witnessing requirement which could not be met by witnessing by audio visual link; or
(b) a particular method to be used to witness a document by audio visual link.
(1) A deed—
(a) may be created in electronic form; and
(b) may be signed, sealed and delivered by electronic communication.
(2) A provision of this Act that applies in relation to a transaction applies in relation to a deed referred to in subsection (1) as if a reference to "transaction" includes a reference to that deed.
(3) Nothing in this section is taken to interfere with any Act or law, including the common law or equitable duties or interests arising out of the law of misrepresentation, unconscionability, duress or undue influence.
(1) A mortgage may be in electronic form.
(2) A provision of this Act that applies in relation to a transaction applies in relation to a mortgage referred to in subsection (1) as if a reference to "transaction" includes a reference to that mortgage.
(3) Nothing in this section is taken to interfere with any Act or law, including the common law or equitable duties or interests arising out of the law of misrepresentation, unconscionability, duress or undue influence.
(4) This section does not affect the operation of any other law of this jurisdiction that makes specific provision for or in relation to the requirements for a mortgage in electronic form.
Example
The operation of the Electronic Conveyancing National Law (Victoria) in relation to electronic lodgement of mortgages or other documents under that Law.'.