NSWIn ForceAct
Electronic Transactions Act 2000
14GWitnessing and attestation of documents by audio visual link
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#### 14G Witnessing and attestation of documents by audio visual link
14G Witnessing and attestation of documents by audio visual link
> > (1) Despite any other Act or law—
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> > > (a) if the signature of a document is required under an Act or another law to be witnessed, the signature may be witnessed by audio visual link, and
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> > > (b) arrangements in relation to witnessing signatures and the attestation of documents may be performed by audio visual link.
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> > (2) A person witnessing the signing of a document by audio visual link (the witness) must—
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> > > (a) observe the person signing the document (the signatory) sign the document in real time, and
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> > > (b) attest or otherwise confirm the signature was witnessed by signing the document or a copy of the document, and
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> > > (c) be reasonably satisfied the document the witness signs is the same document, or a copy of the document signed by the signatory, and
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> > > (d) endorse the document, or the copy of the document, with a statement—
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> > > > (i) specifying the method used to witness the signature of the signatory, and
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> > > > (ii) that the document was witnessed in accordance with this section.
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> > > Note.
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> > > A document may be endorsed under paragraph (d) with a statement, for example, that the document was signed in counterpart and witnessed over audio visual link in accordance with section 14G of the [Electronic Transactions Act 2000](/view/html/inforce/current/act-2000-008).
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> > (3) Without limiting the ways a witness may confirm the signature was witnessed, the witness may—
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> > > (a) sign a counterpart of the document as soon as practicable after witnessing the signing of the document, or
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> > > (b) if the signatory scans and sends a copy of the signed document electronically—countersign the document as soon as practicable after witnessing the signing of the document.
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> > (4) Without limiting subclause (1)(b)—
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> > > (a) arrangements in relation to witnessing signatures by audio visual link include the following—
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> > > > (i) certification of matters required by an Act or another law,
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> > > > (ii) confirming or verifying the identity of the signatory to a document,
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> > > > (iii) attestation of a signature,
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> > > > (iv) swearing or affirming the contents of an affidavit,
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> > > > (v) seeing the face of the signatory, and
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> > > (b) a requirement in an Act or another law for the presence of a witness, signatory or other person is taken to be satisfied if the witness, signatory or other person is present by audio visual link.
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> **s 14G:** Ins 2020 No 24, Sch 1.5.
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> **pt 2B, div 2, hdg:** Ins 2020 No 24, Sch 1.5. Rep 2021 No 33, Sch 1\[6\].