sec.1BDefinitions

### sec.1B Definitions In this Act— accepted method — Accepted method , for electronically signing an affidavit or a declaration, means— a method prescribed, or a method stated in a rule of court or practice direction made, given, issued or approved, under section 13A that is applicable to the affidavit or declaration; or if no method is prescribed, or no rule or practice direction is made, given, issued or approved, that applies to the affidavit or declaration—a method described in paragraph 2. Accepted method , for electronically signing a document other than an affidavit or a declaration to which paragraph 1(a) applies, means a method that— identifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and is either— as reliable as appropriate for the purpose for which the document is signed, 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. However, for paragraph 2, the term is subject to a regulation prescribing under section 13A a method that is not an accepted method for electronically signing an affidavit or a declaration. s 1B def accepted method ins 2021 No. 23 s 35 administer — for part 4 —see section 11 ; or for part 6A —see section 31B . s 1B def administer ins 2021 No. 23 s 35 audio visual link means facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places and includes videoconferencing. s 1B def audio visual link ins 2021 No. 23 s 35 Australian legal practitioner see the Legal Profession Act 2007 , section 6 (1) . s 1B def Australian legal practitioner ins 2021 No. 23 s 35 authorised person , in relation to a person’s oath or affirmation, means a person who is authorised by law to administer the person’s oath or affirmation. s 1B def authorised person ins 2021 No. 23 s 35 commissioner for declarations see the Justices of the Peace and Commissioners for Declarations Act 1991 , section 3 . s 1B def commissioner for declarations ins 2021 No. 23 s 35 confirm , a document, means attest or otherwise confirm a document by signing the document. s 1B def confirm ins 2021 No. 23 s 35 sub 2023 No. 23 s 138 (1) – (2) copy , of an electronic document, for part 6A , see section 31B . s 1B def copy ins 2021 No. 23 s 35 counterpart , for a document, means a copy of the document that includes the entire contents of the document but does not include the signatures of all the other persons who are to sign the document. s 1B def counterpart ins 2021 No. 23 s 35 court of justice includes a person authorised to administer oaths to witnesses. direct , in relation to a document, includes instruct. s 1B def direct ins 2021 No. 23 s 35 document ... s 1B def document ins 2021 No. 23 s 35 om 2023 No. 23 s 138 (3) electronically sign , a document, means sign the document using an accepted method. s 1B def electronically sign ins 2021 No. 23 s 35 electronic document ... s 1B def electronic document ins 2021 No. 23 s 35 om 2023 No. 23 s 138 (3) information includes information in the form of data, text or images. s 1B def information ins 2021 No. 23 s 35 make , in relation to a document— for part 4 —see section 11 ; or for part 6A —see section 31B . s 1B def make ins 2021 No. 23 s 35 official version , of a document, for part 6A , see section 31B . s 1B def official version ins 2021 No. 23 s 35 original physical version , of a document, for part 6A , see section 31B . s 1B def original physical version ins 2021 No. 23 s 35 physical document means a document other than an electronic document. s 1B def physical document ins 2021 No. 23 s 35 sub 2023 No. 23 s 138 (3) – (4) presiding judge includes a person authorised to administer oaths to witnesses. sign , a document, means— for a physical document—physically sign the document or counterpart; or for an electronic document—electronically sign the document or counterpart. s 1B def sign ins 2021 No. 23 s 35 special witness , for a document, see section 12 . s 1B def special witness ins 2021 No. 23 s 35 State includes a Territory. water allocations register see the Water Act 2000 , schedule 4 . s 1B def water allocations register ins 2021 No. 23 s 35 witness , a document— for part 4 —see section 11 ; or for part 6A —see section 31B . s 1B def witness ins 2021 No. 23 s 35 s 1B ins 1995 No. 24 s 25 - 1 Accepted method , for electronically signing an affidavit or a declaration, means— (a) a method prescribed, or a method stated in a rule of court or practice direction made, given, issued or approved, under section 13A that is applicable to the affidavit or declaration; or (b) if no method is prescribed, or no rule or practice direction is made, given, issued or approved, that applies to the affidavit or declaration—a method described in paragraph 2. - (a) a method prescribed, or a method stated in a rule of court or practice direction made, given, issued or approved, under section 13A that is applicable to the affidavit or declaration; or - (b) if no method is prescribed, or no rule or practice direction is made, given, issued or approved, that applies to the affidavit or declaration—a method described in paragraph 2. - 2 Accepted method , for electronically signing a document other than an affidavit or a declaration to which paragraph 1(a) applies, means a method that— (a) identifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and (b) is either— (i) as reliable as appropriate for the purpose for which the document is signed, 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. - (a) identifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and - (b) is either— (i) as reliable as appropriate for the purpose for which the document is signed, 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. - (i) as reliable as appropriate for the purpose for which the document is signed, 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. - 3 However, for paragraph 2, the term is subject to a regulation prescribing under section 13A a method that is not an accepted method for electronically signing an affidavit or a declaration. - (a) a method prescribed, or a method stated in a rule of court or practice direction made, given, issued or approved, under section 13A that is applicable to the affidavit or declaration; or - (b) if no method is prescribed, or no rule or practice direction is made, given, issued or approved, that applies to the affidavit or declaration—a method described in paragraph 2. - (a) identifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and - (b) is either— (i) as reliable as appropriate for the purpose for which the document is signed, 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. - (i) as reliable as appropriate for the purpose for which the document is signed, 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. - (i) as reliable as appropriate for the purpose for which the document is signed, 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. - (a) for part 4 —see section 11 ; or - (b) for part 6A —see section 31B . - (a) for part 4 —see section 11 ; or - (b) for part 6A —see section 31B . - (a) for a physical document—physically sign the document or counterpart; or - (b) for an electronic document—electronically sign the document or counterpart. - (a) for part 4 —see section 11 ; or - (b) for part 6A —see section 31B .