Electronic Conveyancing National Law (NSW)
12Reliance on, and repudiation of, digital signatures
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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 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).