Electronic signatures
Signatures provide a way for people to identify themselves, and to indicate their approval of a particular document or statement. There are many situations where signatures might be required under Commonwealth law.
The Electronic Transactions Act 1999 (ETA) says that electronic signatures (often called e-signatures) are just as valid as traditional paper or ‘wet ink’ signatures for most Commonwealth processes.
Types of electronic signatures that can be used
The ETA does not require a specific method to make an electronic signature, as long as the method identifies the signer, and indicates their intention to approve whatever they have communicated.
The method used must be connected to an electronic communication. It must also be either as reliable as appropriate in the circumstances, or proven to be accurate.
Identity could be shown by a typed name, a personal mark, a personal email, or use of an online ID verification method.
Intention could be shown by a clear agreement, signing on the dotted line, or something extra in the context of a response.
This means that, depending on the circumstances, an electronic signature could be:
- drawn onto a screen or uploaded from a picture, before being sent electronically
- made by emailing a signature, or a statement of acceptance
- done by clicking an ‘I accept’ box on an online form before submitting
- made and sent through a digital signing platform.
Digital signatures
If you have been asked for a ‘digital signature’ specifically, you may need to clarify what is required with the person you are dealing with.
‘Digital signature’ is not a term used in the ETA, and can mean different things in different circumstances. For example, some people may intend it to mean the same as a standard e-signature, but other people may intend it to mean an electronic signature with extra security features.
Choice and consent to receive electronic signatures
In some circumstances, the ETA gives people choice about whether to accept electronic signatures.
If you are signing a document to send to someone who is not a Commonwealth government entity, like a private individual or business, you might need their consent for you to use the electronic signature method.
This consent does not always need to be explicitly given; it can be inferred or indicated from previous situations.
For example, if a person or organisation has used a particular electronic signature method with you before, you might be able to infer that you have consent from them to use it again.
If you are unsure, it can be helpful to contact the other organisation or person to see if they accept electronic signatures. If still in doubt, or if the question is important to you, you should seek assistance or legal advice.
Learn more about the consent provisions and when they apply.
Sending electronically signed documents to Commonwealth entities
Commonwealth entities can set information technology (IT), verification, or other requirements for signatures required under their legislation.
For example, a government agency might require the use of a particular electronic signing platform.
Contact the agency or representative you are dealing with if you have any questions about their preferences or requirements.
Exemptions
The ETA covers most basic electronic processes under Commonwealth law – however, there can be exemptions.
Find out more about exemptions to the ETA, including where to find ETA exemptions in law.
You should check with the relevant organisation or department to see if they accept electronic signatures when the ETA is exempted.
If in doubt, or if the question is important to you, you should seek assistance or legal advice.
More detailed information
This page contains guidance and summary information, and not comprehensive legal advice.
If you require more detailed information, you should review the ETA or seek legal advice.