QLDIn ForceAct
Electronic Transactions (Queensland) Act 2001
sec.14Requirement for signature
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### sec.14 Requirement for signature
If, under a State law, a person’s signature is required, the requirement is taken to have been met for an electronic communication if—
a method is used to identify the person and to indicate the person’s intention in relation to the information communicated; and
the method used was either—
as reliable as appropriate for the purposes for which the electronic communication was generated or communicated, having regard to all the circumstances, including any relevant agreement; or
proven in fact to have fulfilled the functions described in paragraph (a) , by itself or together with further evidence; and
the person to whom the signature is required to be given consents to the requirement being met by using the method mentioned in paragraph (a) .
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.
s 14 amd 2013 No. 35 s 72
(sec.14-ssec.1) If, under a State law, a person’s signature is required, the requirement is taken to have been met for an electronic communication if— a method is used to identify the person and to indicate the person’s intention in relation to the information communicated; and the method used was either— as reliable as appropriate for the purposes for which the electronic communication was generated or communicated, having regard to all the circumstances, including any relevant agreement; or proven in fact to have fulfilled the functions described in paragraph (a) , by itself or together with further evidence; and the person to whom the signature is required to be given consents to the requirement being met by using the method mentioned in paragraph (a) .
(sec.14-ssec.2) 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.
- (a) a method is used to identify the person and to indicate the person’s intention in relation to the information communicated; and
- (b) the method used was either— (i) as reliable as appropriate for the purposes for which the electronic communication was generated or communicated, having regard to all the circumstances, including any relevant agreement; or (ii) proven in fact to have fulfilled the functions described in paragraph (a) , by itself or together with further evidence; and
- (i) as reliable as appropriate for the purposes for which the electronic communication was generated or communicated, having regard to all the circumstances, including any relevant agreement; or
- (ii) proven in fact to have fulfilled the functions described in paragraph (a) , by itself or together with further evidence; and
- (c) the person to whom the signature is required to be given consents to the requirement being met by using the method mentioned in paragraph (a) .
- (i) as reliable as appropriate for the purposes for which the electronic communication was generated or communicated, having regard to all the circumstances, including any relevant agreement; or
- (ii) proven in fact to have fulfilled the functions described in paragraph (a) , by itself or together with further evidence; and