sec.69Guarantee not enforceable unless in writing

### sec.69 Guarantee not enforceable unless in writing A guarantee is not enforceable in a proceeding unless— the guarantee is in writing or its terms are recorded in writing; and the guarantee or written record is signed by the party against whom the guarantee is sought to be enforced. However, subsection (1) does not require the consideration given for the guarantee to appear in writing or by necessary inference from a written document. Subject to the National Consumer Credit Protection Act 2009 (Cwlth) , a guarantee may comply with subsection (1) even if the guarantee is— an electronic document; or digitally signed. In this section— digitally sign , an electronic document, means sign the document using a method mentioned in the Electronic Transactions (Queensland) Act 2001 , section 14 . guarantee includes an indemnity. (sec.69-ssec.1) A guarantee is not enforceable in a proceeding unless— the guarantee is in writing or its terms are recorded in writing; and the guarantee or written record is signed by the party against whom the guarantee is sought to be enforced. (sec.69-ssec.2) However, subsection (1) does not require the consideration given for the guarantee to appear in writing or by necessary inference from a written document. (sec.69-ssec.3) Subject to the National Consumer Credit Protection Act 2009 (Cwlth) , a guarantee may comply with subsection (1) even if the guarantee is— an electronic document; or digitally signed. (sec.69-ssec.4) In this section— digitally sign , an electronic document, means sign the document using a method mentioned in the Electronic Transactions (Queensland) Act 2001 , section 14 . guarantee includes an indemnity. - (a) the guarantee is in writing or its terms are recorded in writing; and - (b) the guarantee or written record is signed by the party against whom the guarantee is sought to be enforced. - (a) an electronic document; or - (b) digitally signed.