Are electronic signatures legal in Australia?
Updated
Generally yes. The Electronic Transactions Act 1999 (Cth) and matching laws in each state and territory allow electronic signatures to satisfy a legal signature requirement when certain conditions are met. This page is general information, not legal advice, and laws change, so check the current rules for your situation.
What the law requires
- The method identifies the signer and shows their intention to sign
- The method is as reliable as appropriate for the purpose, or is proven in fact to work
- The person receiving the signature consents to getting it electronically
Companies and witnessed documents
Companies execute documents under sections 126 and 127 of the Corporations Act 2001 (Cth). Section 127 has its own rules, and the rules for signing it electronically have been clarified over time, so check the current position or ask a lawyer. Deeds and other witnessed documents can be more complicated, and the rules vary by state and territory.
Some documents are also exempt from the electronic transactions laws, so check before relying on an e-signature for formal or witnessed documents.
Make your signature easier to defend
- Keep a record of who signed and when
- Confirm the signer's email before they sign when the document matters
- Keep the signed file and its audit record together
What KamiSign records
Every fully signed KamiSign document comes with a Certificate of Completion listing who signed, when, whether their email was verified, and a SHA-256 fingerprint of the document. You can also ask signers to verify their email before they sign.
Frequently asked questions
Are electronic signatures legal in Australia?
Generally yes. The Electronic Transactions Act 1999 (Cth) and state and territory laws allow them when the signer is identified, shows intention to sign, the method is reliable and the other party consents.
Can a company sign electronically in Australia?
Often yes, but company execution under the Corporations Act has its own rules, so check the current requirements.
Do I need a witness?
Not for ordinary contracts. Deeds and some other formal documents may need witnessing, and the rules vary by state and territory.
Are there documents I should not sign electronically?
Some documents are exempt from the electronic transactions laws or have special formalities. Ask a lawyer before using an e-signature for formal documents.