(1) Any person
required by this Act to sign the person’s name may, on satisfying an
attesting witness that the person is unable to write, make the person’s
distinguishing mark, which must be witnessed by the attesting witness and the
person’s distinguishing mark when so witnessed, is, for the purposes of
this Act, deemed to be the personal signature of that person.
(2) Where a person is
required by this Act —
(a) to
sign the person’s name; or
(b) make
the person’s distinguishing mark,
is unable to do either
of those things and a legally qualified medical practitioner has certified in
writing that the person is so physically incapacitated that the person cannot
sign their name or make their distinguishing mark, another person may on
behalf of the person sign the name of the person in accordance with the
directions of the first-mentioned person.
(3) A certificate
referred to in subsection (2) shall be attached to the document to which it
relates.
(4) A certificate
referred to in subsection (2) is not required in relation to a declaration
completed under section 100I.
[Section 211 amended: No. 44 of 1911 s. 39; No. 68
of 1964 s. 39; No. 31 of 1982 s. 7; No. 9 of 1983 s. 28; No. 79 of 1987 s. 75;
No. 36 of 2000 s. 47; No. 30 of 2023 s. 175.]