Are there specific requirements for an electronic signature to be valid under NSW law?

For an electronic signature to be valid in NSW, it must reliably identify the signatory and indicate their approval of the information in the document, as per the Electronic Transactions Act 1999 (Cth). The method of signing must be appropriate for the document's purpose, and both parties should consent to electronic transactions.

Which documents cannot be executed using electronic signatures in NSW?

Certain documents are exempt from electronic signing in NSW under the Electronic Transactions Act 1999 (Cth), including wills, codicils, powers of attorney, affidavits, and documents required to be executed under seal. These typically require traditional physical signatures to ensure legal validity.

What are the specific e-signature laws for New South Wales (NSW)?

Shunfang

2026-02-27

3min

FAQs

Electronic signatures in New South Wales are primarily governed by the Electronic Transactions Act 1999 (Commonwealth), which applies across Australia, including NSW. This federal legislation recognizes electronic signatures as legally equivalent to traditional wet-ink signatures for most purposes, provided they meet reliability and authentication standards.

Shunfang

Head of Product Management at eSignGlobal, a seasoned leader with extensive international experience in the e-signature industry. Follow me on LinkedIn

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