sec.161Execution and proof

### sec.161 Execution and proof For a corporation, an instrument is validly executed if— it is executed in a way permitted by law; or the instrument is sealed with the corporation’s seal under the Property Law Act 2023 , section 52 . For an individual, an instrument is validly executed if— it is executed in a way permitted by law; and the execution is witnessed by a person mentioned in schedule 1 . However, the registrar may, in exceptional circumstances, register an instrument executed by an individual even though the execution was not witnessed or was not witnessed by a person mentioned in schedule 1 . If an instrument is executed by a legal practitioner authorised by a transferee or a person in whose favour an interest is created, the execution need not be witnessed. The witnessing of an instrument may be proved in any way permitted by law. This section does not apply to a plan of survey. Under the Electronic Conveyancing National Law (Queensland) , section 9 (3) (b) , if a registry instrument is digitally signed in accordance with the participation rules applicable to the instrument, the requirements of any other Queensland law relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied. s 161 amd 1994 No. 81 s 527 sch 5 ; 2004 No. 11 s 596 sch 1 ; 2013 No. 23 s 352 sch 1 pt 1 ; 2013 No. 17 s 46 ; 2021 No. 23 s 58 sch 1 ; 2023 No. 27 s 289 sch 3 (sec.161-ssec.1) For a corporation, an instrument is validly executed if— it is executed in a way permitted by law; or the instrument is sealed with the corporation’s seal under the Property Law Act 2023 , section 52 . (sec.161-ssec.2) For an individual, an instrument is validly executed if— it is executed in a way permitted by law; and the execution is witnessed by a person mentioned in schedule 1 . (sec.161-ssec.3) However, the registrar may, in exceptional circumstances, register an instrument executed by an individual even though the execution was not witnessed or was not witnessed by a person mentioned in schedule 1 . (sec.161-ssec.3A) If an instrument is executed by a legal practitioner authorised by a transferee or a person in whose favour an interest is created, the execution need not be witnessed. (sec.161-ssec.4) The witnessing of an instrument may be proved in any way permitted by law. (sec.161-ssec.5) This section does not apply to a plan of survey. Under the Electronic Conveyancing National Law (Queensland) , section 9 (3) (b) , if a registry instrument is digitally signed in accordance with the participation rules applicable to the instrument, the requirements of any other Queensland law relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied. - (a) it is executed in a way permitted by law; or - (b) the instrument is sealed with the corporation’s seal under the Property Law Act 2023 , section 52 . - (a) it is executed in a way permitted by law; and - (b) the execution is witnessed by a person mentioned in schedule 1 .