NSWIn ForceAct
Electronic Transactions Act 2000
9Signatures
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#### 9 Signatures
9 Signatures
> > (1) If, under a law of this jurisdiction, the signature of a person is required, that requirement is taken to have been met in relation to an electronic communication if—
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> > > (a) a method is used to identify the person and to indicate the person’s intention in respect of the information communicated, and
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> > > (b) the method used was either—
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> > > > (i) as reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement, or
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> > > > (ii) proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence, and
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> > > (c) the person to whom the signature is required to be given consents to that requirement being met by way of the use of the method mentioned in paragraph (a).
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> > (2) This section does not affect the operation of any other law of this jurisdiction that makes provision for or in relation to requiring—
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> > > (a) an electronic communication to contain an electronic signature (however described), or
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> > > (b) an electronic communication to contain a unique identification in an electronic form, or
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> > > (c) a particular method to be used in relation to an electronic communication to identify the originator of the communication and to indicate the originator’s intention in respect of the information communicated.
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> > (3) The reference in subsection (1) to a law that requires a signature includes a reference to a law that provides consequences for the absence of a signature.
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> **s 9:** Am 2010 No 68, Sch 1 \[7\]–\[11\].