12Reliance on, and repudiation of, digital signatures

#### 12 Reliance on, and repudiation of, digital signatures 12 Reliance on, and repudiation of, digital signatures > > (1A) In this section— > > > > financial institution means— > > > > > (a) an authorised deposit-taking institution as defined in the [Banking Act 1959](http://www.legislation.gov.au/) of the Commonwealth, section 5(1), or > > > > > (b) a bank constituted by a law of this jurisdiction or of another State or the Commonwealth. > > > (1) If a subscriber’s digital signature is created for a registry instrument or other document in connection with a conveyancing transaction, then— > > > > > (a) unless that subscriber repudiates that digital signature, that registry instrument or other document is to be taken to be signed by that subscriber, and > > > > > (b) unless that subscriber repudiates that digital signature, that digital signature is binding, in relation to that registry instrument or other document, on— > > > > > > > (i) that subscriber, and > > > > > > > (ii) all other persons (if any) for whom that subscriber acts under a client authorisation with respect to that conveyancing transaction, and > > > > > (c) unless that subscriber repudiates that digital signature, that digital signature is binding, in relation to that registry instrument or other document, for the benefit of— > > > > > > > (i) each of the parties to that conveyancing transaction, and > > > > > > > (ii) each subscriber who acts under a client authorisation with respect to that conveyancing transaction, and > > > > > > > (iia) each ELNO whose ELN is used in connection with that conveyancing transaction, and > > > > > > > (iii) any person claiming through or under any person to whom subparagraph (i) applies, and > > > > > > > (iv) the Registrar, once that registry instrument or other document is lodged electronically in accordance with section 7, and > > > > > > > (v) in the case of a document that contains a direction for the payment of money as part of that conveyancing transaction, each financial institution that pays or receives money in accordance with that direction, and > > > > > (d) that subscriber cannot repudiate that digital signature except in the circumstances set out in subsection (4). > > > (2) Subsection (1) applies regardless of— > > > > > (a) who created the subscriber’s digital signature, and > > > > > (b) the circumstances (including fraud) in which the subscriber’s digital signature was created. > > > (3) Subsection (1) does not prevent the unsigning of a registry instrument or other document. > > > (4) Despite subsections (1) and (2), a subscriber can repudiate the subscriber’s digital signature with respect to a registry instrument or other document if the subscriber establishes— > > > > > (a) that the digital signature was not created by the subscriber, and > > > > > (b) that the digital signature was not created by a person who, at the time the subscriber’s digital signature was created for the registry instrument or other document— > > > > > > > (i) was an employee, agent, contractor or officer (however described) of the subscriber, and > > > > > > > (ii) had the subscriber’s express or implied authority to create the subscriber’s digital signature for any document or documents, and > > > > > (c) that neither of the following enabled the subscriber’s digital signature to be created for the registry instrument or other document— > > > > > > > (i) a failure by the subscriber, or any of the subscriber’s employees, agents, contractors or officers, to fully comply with the requirements of the participation rules, > > > > > > > (ii) a failure by the subscriber, or any of the subscriber’s employees, agents, contractors or officers, to take reasonable care. > > > (5) For the purposes of subsection (4) (b) (ii), it does not matter whether the authority was— > > > > > (a) general, or > > > > > (b) limited or restricted to documents of a particular class or to a particular document or in any other way.