Electronic Transactions Act 2001

If, under a territory law, a person’s signature is required, that requirement is taken to have been met for an electronic communication if—

a method is used to identify the person and to show the person’s intention in relation to the information communicated; and

the method was either—

as reliable as was appropriate for the purpose for which the electronic communication was generated or communicated, in the circumstances, including any relevant agreement; or

proven in fact to have fulfilled the functions mentioned in paragraph (a), by itself or together with further evidence; and

the person to whom the signature is required to be given consents to that requirement being met using the method mentioned in paragraph (a).

This section does not affect the operation of any other territory law that provides for or in relation to requiring—

an electronic communication to contain an electronic signature (however described); or

an electronic communication to contain a unique identification in an electronic form; or

a particular method to be used for an electronic communication to identify the originator of the communication and to show the originator’s intention in relation to the information communicated.

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.