E-Signature Legality in Australia

The section 10 test

The Electronic Transactions Act 1999 (Cth) starts from a simple rule: a transaction is not invalid because it took place wholly or partly by electronic communication. Section 10 then deals with signatures. Where a Commonwealth law requires a person's signature, an electronic communication meets that requirement when:

1. a method is used to identify the person and to indicate their intention in respect of the information communicated;
2. the method is as reliable as appropriate for the purpose, in light of all the circumstances, or is proven in fact to have done the job in point 1; and
3. the person to whom the signature is required to be given consents to that method.

A signature drawn or typed on a PDF identifies you and shows that you intend to be bound by the document. Whether it is reliable enough depends on what is at stake, and consent is often shown by the other side sending you the PDF and asking for it back signed. Keep the email trail: it helps show who signed and when.

State and territory laws

The Commonwealth Act covers Commonwealth laws. Each state and territory has its own act, based on the same model, for requirements under its laws:

Each act, and its regulations, lists laws and documents it does not apply to. Those lists differ, so check the one for your state when a document has formal requirements.

Companies: sections 126 and 127

Since 23 February 2022, the Corporations Act 2001 permanently allows companies to sign documents, including deeds, by electronic means. Under section 127 a company can execute a document through two directors, a director and the company secretary, or, for a proprietary company with a sole director, that director alone. Each signatory may sign a separate copy or counterpart. People dealing with the company can then rely on the assumptions in section 129.

Documents with extra formalities

• Wills are governed by state succession laws with their own signing and witnessing rules.
• Enduring powers of attorney have prescribed forms and witnessing requirements that differ between states.
• Land title dealings such as transfers and mortgages are lodged electronically through the national e-conveyancing system by lawyers and conveyancers with digital certificates.
• Commonwealth statutory declarations can be signed electronically with a witness on video link, or completed digitally through myGov and myID, since 1 January 2024.
• Deeds signed by individuals depend on state law, so check before relying on an electronic signature for a deed.

For everyday documents, such as employment contracts, NDAs, service agreements, invoices, quotes and residential tenancy paperwork, an electronic signature is generally accepted.

Signing a PDF with SigPDF in Australia

SigPDF lets you draw or type a signature, place it on the PDF with initials, dates or text, and download the signed file. The document is processed in your browser and is not uploaded to our servers. SigPDF does not verify identity or keep an audit trail, so for documents that need a witness, a digital certificate or an approved platform, use that process instead.