Electronic signatures in Australia: the Electronic Transactions Act and section 127

Australian businesses sign everything from employment contracts to supplier agreements electronically, and the pandemic years pushed even traditionally paper-heavy areas, such as company deeds, online. The rules come from both federal and state law, though, and some documents still need special handling. This guide covers the basics.

For a comparison with other countries, see our e-signature legality overview and the guide Are electronic signatures legal around the world?.

Are electronic signatures legal in Australia?#

Yes, for most transactions. Two layers of law apply:

• The Electronic Transactions Act 1999 (Cth). The Commonwealth Act applies to requirements under Commonwealth laws. It says a transaction isn't invalid just because it took place electronically.
• State and territory electronic transactions acts. Each state and territory has a matching law, such as the Electronic Transactions Act 2000 (NSW) and the Electronic Transactions (Victoria) Act 2000, which covers requirements under its own laws.

Under these laws, where a law requires a signature, an electronic signature generally meets that requirement when:

1. the method identifies the person and indicates their intention in relation to the information,
2. the method is as reliable as appropriate for the purpose, or is proven in fact to have identified the person and shown their intention, and
3. the person to whom the signature is given consents to that method.

Separately, most commercial contracts in Australia don't need to be in writing or signed at all to be binding, so an electronic signature is often mainly a matter of evidence.

Types of electronic signatures recognised#

Australian law is technology-neutral and doesn't set up tiers like the EU's "advanced" or "qualified" signatures. A typed name, a drawn signature or a click on "I agree" can all work, provided the conditions above are met.

For companies, section 127 of the Corporations Act 2001 sets out how a company can execute a document so that others can rely on certain assumptions. Since amendments in 2022, it permanently allows company officers to sign documents, including deeds, electronically, and to sign separate copies.

Signkoi provides simple electronic signatures with strong evidence. It doesn't issue certificate-based signatures, and it isn't an electronic lodgment network for land transactions.

Documents that often still need wet ink, a notary or a certified signature#

The electronic transactions acts and related regulations exclude or limit some documents, and the rules differ between states. Well-known examples include:

• Wills and codicils.
• Powers of attorney, especially enduring powers of attorney, and some guardianship documents.
• Documents that must be witnessed, such as statutory declarations and affidavits, and deeds signed by individuals. Witnessing rules, including remote witnessing, vary by state and have changed since 2020.
• Land transfers and mortgages, which in most states are lodged through an approved electronic lodgment network operator, such as PEXA, rather than signed with a general e-signature tool.
• Court documents and some government forms, which follow their own rules.

Collecting good evidence with simple e-signatures#

Because the test focuses on identifying the signer, showing their intention and using a reliable method, good records matter. With Signkoi, every completed document includes:

• A deliberate signing step. Each signer draws, types or uploads a signature and agrees to sign electronically.
• A sealed PDF. A tamper-evident seal and a trusted timestamp make later changes detectable.
• An audit trail. Sending, opening and signing events are logged with times, IP addresses and browser details, and summarised in a certificate of completion.
• Optional identity checks. Ask signers to enter an access code you share separately, or a one-time code sent to their email.
• Independent verification. Anyone holding the PDF can check it at signkoi.com/verify.

How to send a document for signature in Australia with Signkoi#

1. Check whether the document needs witnessing or a particular execution method under state law.
2. Upload your PDF, or start from a template.
3. Add your signers, such as two directors or a director and a company secretary, set a signing order if needed, and place signature and other fields.
4. Set reminders, an expiry date and, for important documents, an access code or email one-time code.
5. Send. Recipients sign in their browser with no account.
6. Download the sealed PDF and certificate of completion and keep them with your records.

Frequently asked questions#

Can a company sign a deed electronically?#

Generally, yes. Since the 2022 amendments, section 127 of the Corporations Act allows companies to execute documents, including deeds, electronically. Deeds signed by individuals are governed by state law, which varies.

Does the other party have to agree to e-signatures?#

Under the electronic transactions acts, the person receiving the signature needs to consent to the method. That consent can often be inferred from their conduct, for example by signing electronically themselves.

Can I sign a lease electronically?#

Many leases are signed electronically. If a lease must be registered on the land title, or needs witnessing under state law, follow the requirements for that state.

Not legal advice#

This guide is general information, not legal advice. Rules differ between states and territories and change over time, and using Signkoi doesn't guarantee that a particular signature will be valid or enforceable in your situation. For important or regulated documents, talk to a qualified Australian lawyer.