Electronic signatures in Australia
A requirement for a signature is met electronically if the method identifies the person and their intention, is as reliable as appropriate, and the recipient consents (s 10).
Not legal advice. This page explains how electronic signature law works in general terms and links to the primary sources. It is not legal advice. Rules differ by country and by document type, and they change; for a specific transaction, ask a qualified lawyer in the relevant jurisdiction.
In short
A requirement for a signature is met electronically if the method identifies the person and their intention, is as reliable as appropriate, and the recipient consents (s 10). The main law: Electronic Transactions Act 1999 (Cth) and state Acts.
What the law says
The Electronic Transactions Act 1999 (Cth) and matching state and territory Acts implement the UNCITRAL approach. Under section 10 of the Commonwealth Act, a requirement for a signature is met by an electronic method if the method identifies the person and indicates their intention in respect of the information communicated, the method is as reliable as appropriate for the purpose (or is proven in fact to have done those things), and the person to whom the signature must be given consents to the method. AiresDocs's named invitations, consent step, audit trail and hashes are designed to meet those three limbs for ordinary commercial documents.
Exemptions exist in regulations for particular documents and in state legislation for things like wills, powers of attorney and some deeds. Since 2022 the Corporations Act has allowed companies to sign documents, including deeds, electronically; the rules for individuals' deeds and witnessing are set by each state and territory, several of which now allow electronic deeds and remote witnessing under defined conditions. Check the relevant state for deeds, statutory declarations and affidavits.
What AiresDocs provides
A simple electronic signature for every signer, with an evidence package: unique signing links sent to named addresses, explicit consent, an append-only event log and SHA-256 hashes of the original and final contract, checkable on a public verification page. It is not a qualified electronic signature or a notarisation service. What courts look for, and how each piece of evidence maps to it, is in How electronic signatures work.
Sources
If a link stops working or the law changes, email support@airesdocs.com and we will update this page; changes are dated in the changelog.
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Every AiresDocs contract comes with the consent record, event log and hashes described here, on the free plan too.