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Law Council of Australia

Business Law Section

Emergency changes to Australia’s electronic signature laws

The submission to the Treasury in relation to Australia’s electronic signature laws, in particular section 127 of the Corporations Act 2001 (Cth) and the Electronic Transactions Act 1999 (Cth) (ETA) was prepared by the Corporations Committee, the Digital Commerce Committee and the Technology in Mergers and Acquisitions Working Group of the Business Law Section of the Law Council of Australia.

The ETA contains general rules facilitating electronic transactions and signatures under Commonwealth law, although it omits certain matters such as witnessing and deeds. The ETA parallels almost identical Acts in each State and Territory which facilitate electronic transactions and signatures under the statutes of those jurisdictions. The general rules are subject to exceptions in regulations. For example, the Corporations Act is excepted from the operation of the ETA.

You can read the full submission below.


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