sec.16DEffect of affidavit or declaration electronically signed in physical presence of witness

### sec.16D Effect of affidavit or declaration electronically signed in physical presence of witness This section applies to an affidavit or a declaration under section 16C if— either— the affidavit or declaration is in the form of an electronic document and the signatory or substitute signatory electronically signed the electronic document; and the witness confirmed the affidavit or declaration by signing the same electronic document or a true copy of the affidavit or declaration; or the affidavit or declaration is made using counterparts in the form of electronic documents. If subsection (1) (a) applies and the affidavit or declaration is required to be given, produced or used for any purpose, the electronic document or true copy confirmed by the witness, or a printout of the electronic document or true copy, may be— given, produced or used for the purpose; and relied on as evidence of the affidavit or declaration. The electronic document or a true copy confirmed by the witness, or a printout of the electronic document or true copy, may be given to a court or other entity, and relied on by the court or other entity, as evidence of the affidavit or declaration. If subsection (1) (b) applies and the affidavit or declaration is required to be given, produced or used for any purpose— the counterpart confirmed by the witness for the document must be kept with the document signed by the signatory or substitute signatory; and the counterpart mentioned in paragraph (a) and the document signed by the signatory or substitute signatory together constitute the affidavit or declaration; and the counterparts constituting the document, or a printout of the counterparts, may be— given, produced or used for the purpose; and relied on as evidence of the affidavit or declaration. The counterparts constituting the document, or a printout of the counterparts, may be given to a court or other entity, and relied on by the court or other entity, as evidence of the affidavit or declaration. Subsections (2) and (3) do not limit the power of a court, tribunal or other person to whom the affidavit or declaration is given for any purpose to require production of the electronic document or a true copy, or the counterparts in the form of electronic documents. s 16D ins 2021 No. 23 s 39 (sec.16D-ssec.1) This section applies to an affidavit or a declaration under section 16C if— either— the affidavit or declaration is in the form of an electronic document and the signatory or substitute signatory electronically signed the electronic document; and the witness confirmed the affidavit or declaration by signing the same electronic document or a true copy of the affidavit or declaration; or the affidavit or declaration is made using counterparts in the form of electronic documents. (sec.16D-ssec.2) If subsection (1) (a) applies and the affidavit or declaration is required to be given, produced or used for any purpose, the electronic document or true copy confirmed by the witness, or a printout of the electronic document or true copy, may be— given, produced or used for the purpose; and relied on as evidence of the affidavit or declaration. The electronic document or a true copy confirmed by the witness, or a printout of the electronic document or true copy, may be given to a court or other entity, and relied on by the court or other entity, as evidence of the affidavit or declaration. (sec.16D-ssec.3) If subsection (1) (b) applies and the affidavit or declaration is required to be given, produced or used for any purpose— the counterpart confirmed by the witness for the document must be kept with the document signed by the signatory or substitute signatory; and the counterpart mentioned in paragraph (a) and the document signed by the signatory or substitute signatory together constitute the affidavit or declaration; and the counterparts constituting the document, or a printout of the counterparts, may be— given, produced or used for the purpose; and relied on as evidence of the affidavit or declaration. The counterparts constituting the document, or a printout of the counterparts, may be given to a court or other entity, and relied on by the court or other entity, as evidence of the affidavit or declaration. (sec.16D-ssec.4) Subsections (2) and (3) do not limit the power of a court, tribunal or other person to whom the affidavit or declaration is given for any purpose to require production of the electronic document or a true copy, or the counterparts in the form of electronic documents. - (a) either— (i) the affidavit or declaration is in the form of an electronic document and the signatory or substitute signatory electronically signed the electronic document; and (ii) the witness confirmed the affidavit or declaration by signing the same electronic document or a true copy of the affidavit or declaration; or - (i) the affidavit or declaration is in the form of an electronic document and the signatory or substitute signatory electronically signed the electronic document; and - (ii) the witness confirmed the affidavit or declaration by signing the same electronic document or a true copy of the affidavit or declaration; or - (b) the affidavit or declaration is made using counterparts in the form of electronic documents. - (i) the affidavit or declaration is in the form of an electronic document and the signatory or substitute signatory electronically signed the electronic document; and - (ii) the witness confirmed the affidavit or declaration by signing the same electronic document or a true copy of the affidavit or declaration; or - (a) given, produced or used for the purpose; and - (b) relied on as evidence of the affidavit or declaration. - (a) the counterpart confirmed by the witness for the document must be kept with the document signed by the signatory or substitute signatory; and - (b) the counterpart mentioned in paragraph (a) and the document signed by the signatory or substitute signatory together constitute the affidavit or declaration; and - (c) the counterparts constituting the document, or a printout of the counterparts, may be— (i) given, produced or used for the purpose; and (ii) relied on as evidence of the affidavit or declaration. Example for subsection (3) — The counterparts constituting the document, or a printout of the counterparts, may be given to a court or other entity, and relied on by the court or other entity, as evidence of the affidavit or declaration. - (i) given, produced or used for the purpose; and - (ii) relied on as evidence of the affidavit or declaration. Example for subsection (3) — The counterparts constituting the document, or a printout of the counterparts, may be given to a court or other entity, and relied on by the court or other entity, as evidence of the affidavit or declaration. - (i) given, produced or used for the purpose; and - (ii) relied on as evidence of the affidavit or declaration. Example for subsection (3) — The counterparts constituting the document, or a printout of the counterparts, may be given to a court or other entity, and relied on by the court or other entity, as evidence of the affidavit or declaration.