Are electronic signatures
legal in Australia?

The three conditions

• Identity and intention: the method identifies who signed and shows they meant to approve the document.
• Reliability: the method is as reliable as is appropriate for the purpose, or is proven to have done the job.
• Consent: the person receiving the signature agrees to an electronic signature. Consent can be inferred from conduct, such as sending you a PDF to sign and return.

Federal and state laws

The Electronic Transactions Act 1999 (Cth) covers Commonwealth law, and each state and territory has its own Electronic Transactions Act for matters under state law, for example NSW's Electronic Transactions Act 2000. Some laws and transactions are exempt and still need traditional signatures.

Deeds, wills and powers of attorney

Since February 2022, companies can permanently sign documents, including deeds, electronically under the Corporations Act.

NSW has made witnessing by audio-visual link permanent for documents such as wills, deeds, affidavits and powers of attorney. Other states have their own rules, and some do not allow certain enduring powers of attorney to be signed electronically, so check your state before signing these.

Practical tips

Keep the signed PDF and the emails around it as a record of who signed and when. For rental agreements, employment contracts and everyday business documents, a simple electronic signature made with eSign is usually enough, provided the other party is happy to accept it.