2. Commercial

​E. Transactions

i.  Legislation

Victoria:
Made under the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic):

• ​COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020, which modifies the application of the following Acts:
  • Electronic Transactions (Victoria) Act 2000 (Vic);
    
  • Oaths and Affirmations Act 2018 (Vic);
    
  • Powers of Attorney Act 2014 (Vic);
    
  • Wills Act 1997 (Vic).
    

New South Wales:
Electronic Transactions Act 2000 (NSW) amended by:

• COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW); and
• COVID-19 Legislation Amendment (Emergency Measures—Attorney General) Act 2020 (NSW): extends the regulation-making power in s 17 of the Act to provide for altered arrangements in relation to requirements in any Act about documents or information. These special arrangements apply for the purposes of responding to the public health emergency caused by the COVID-19 pandemic and apply only for a limited period.

 
Made under the Electronic Transactions Act (NSW):

• Electronic Transactions Regulation 2017 amended by the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020.

Tasmania:
Made under the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (Tas): 

• Notice under Section 17 re: electronic signatures

Northern Territory: 
Electronic Transactions  (Northern  Territory)  Regulations 2001 (NT) amended by the Courts Legislation Amendment Act 2020 (NT).

ii.  Case law

​This is an area of substantive law that may result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.

iii.  Further resources

• Law Institute Victoria: Guidance on Witnessing Documents Electronically & Verification of Identity
• Lexis Nexis: Signing Documents Electronically or Remotely
• Lexis Nexis: Signing Under s 127 and Remote Witnessing

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