South Australian Current Acts South Australian Current Acts (1) If, 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—
(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).
(1a) For the purposes
of subsection (1)(c), a person to whom prescribed legal proceedings
relate to whom a signature is required to be given will be taken to have
consented to that requirement being met in relation to those proceedings by
way of the use of the method mentioned in subsection (1)(a).
(1b) Subsection (1a)
only applies if, before communicating by means of an electronic communication
information in respect of which the signature of a person is required, it has
been ascertained that the person to whom the signature is required to be
given, or a legal practitioner representing that person, will be readily able
to access or download, and (if required) print, the information.
(2) For the purposes
of subsection (1)(c), a person who is required to be given a signed
government document under any Act or law will be taken to have consented to
the signature requirement being met by way of the use of the method mentioned
in subsection (1)(a).
(2a) This section does
not affect the operation of usage rules applicable under Part 3 or 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
(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,
(and the usage rules or other law will be taken to apply to the exclusion of
this section).
(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.