Are electronic signatures legal in Australia?
Electronic Transactions Act 1999 (Commonwealth) + state equivalents
Valid for most commercial and consumer transactions at federal level and in all states and territories.
Legally valid
Electronic signatures in Australia
Australia's Electronic Transactions Act 1999 (ETA) establishes that a transaction is not invalid because it was carried out electronically, and that electronic signatures satisfy requirements for a signature. Each state and territory has enacted equivalent legislation. The ETA requires that the electronic signature method must identify the person and their approval of the information, and the method must be reliable. An audit trail with IP, timestamp, and email satisfies this.
What you need to know
- The 2022 Corporations Amendment (Meetings and Documents) Act permanently allows electronic execution of company documents under the Corporations Act 2001.
- For company documents signed under s127 of the Corporations Act, both directors (or director + secretary) must sign. Electronic signing is now permitted for this.
- InkRobin produces a Simple Electronic Signature (SES) appropriate for most Australian contracts, service agreements, NDAs, and employment documents.
- The Australian Taxation Office accepts electronically signed documents for most tax-related purposes.
Common exclusions
These document types typically require a handwritten or notarized signature in Australia.
- Wills, codicils, and probate documents
- Documents creating, transferring, or extinguishing interests in land (in most states)
- Powers of attorney
- Statutory declarations (require a qualified witness in person)
- Negotiable instruments
What InkRobin produces
InkRobin produces a Simple Electronic Signature (SES): the baseline tier under eIDAS and equivalent frameworks. SES is valid for most commercial contracts in Australia. It is not a Qualified Electronic Signature (QES), it does not involve a digital certificate from a Certification Authority, and it is not a substitute for notarization. For specific legal advice, consult a qualified lawyer.
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