Lending — Checklist for the use of electronic signatures under the Electronic Transactions Act 1999 (Cth) (ETA)

Introductory note:
Electronic signatures are increasingly used to execute documents in a variety of contexts. The Electronic Transactions Act 1999 (Cth) (ETA) provides a framework for the valid use of electronic signatures, while the Electronic Transactions Regulations 2000 (Cth) provides a list of legislative exemptions. Subject to the ETA, the States and Territories also have further legislative exemptions of circumstances where an electronic signature cannot be used.

How to use this checklist:
This checklist can be used to assist in determining whether an electronic signature may be used in the circumstances, with reference to Commonwealth, State and Territory legislation.

Other notes:
Please see the links to State or Territory-based legislation at the end of this checklist.

Links to related content:
Electronic Transactions Act 1999 (Cth)
Electronic Transactions Regulations 2000 (Cth)