E-signature Legality in Australia
Electronic signatures are also valid in Australia, federally under both the Electronic Transactions Act of 1999 (Cth) (“ETA”) and the sub-regulations that are part of it, and the Electronic Transactions Regulations 2000 (Cth) (“ETR”). Australian states and territories also have their own e-signature laws, and there are some local laws as well.
The ETA states that a transaction under a Commonwealth law will not be invalidated simply because the signature is electronic.
If a Commonwealth law requires you to give information in writing, provide a handwritten signature, produce a document in material form, or record or retain information, the ETA allows you to do these things electronically. The ETA applies to all Commonwealth laws unless they are specifically exempted by the Electronic Transactions Regulations 2020.
Consult your attorney before reaching any conclusions about whether the document you want to sign may be signed electronically in Australia.
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