Section 19Part 5 — Electronic Signatures
Compliance with a requirement for a signature
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Where the signature of a person is required by a statutory provision, rule of law, contract or deed, that requirement shall be met in relation to an electronic record if an electronic signature is used that is as reliable as was appropriate for the purpose for which the electronic record was generated or communicated, in all the circumstances, including any relevant agreements.
Subsection (1) applies whether the requirement for a signature is in the form of an obligation or the statutory provision, rule of law, contract or deed provides consequences for the absence of a signature.
An electronic signature shall be reliable for the purpose of satisfying the requirement referred to in paragraph (1) if —
the means of creating the electronic signature is, within the context in which it is used, linked to the signatory and to no other person;
the means of creating the electronic signature was, at the time of signing, under the control of the signatory and of no other person;
any alteration to the electronic signature, made after the time of signing, is detectable; and
where a purpose of the legal requirement for a signature is to provide assurance as to the integrity of the information to which it relates, any alteration made to that information after the time of signing is detectable.
Subsection (3) does not limit the ability of any person —
to establish in any other way, for the purpose of satisfying the requirement referred to in subsection (1), the reliability of an electronic signature; or
to adduce evidence of the non-reliability of an electronic signature.
Defined Terms
reliableelectronic signatureelectronic record