E-signature legality · Australia
Are electronic signatures legal in Australia?
Reviewed
In short
Yes, generally. Under the Electronic Transactions Act 1999 (Cth) and matching state and territory acts, a signature requirement is met electronically when the method identifies the person and shows their intention, is reliable enough for the purpose, and the recipient consents. Companies can sign documents, including deeds, electronically under the Corporations Act. Some matters are exempt or governed by state law, such as wills, land dealings and court documents.
The law
Laws that apply
- 1999Electronic Transactions Act 1999 (Cth)
s. 8: transactions aren't invalid because they are electronic; s. 10: requirements for an electronic signature (identification, intention, reliability, consent). Applies to Commonwealth laws; each state and territory has an equivalent act.
Source: legislation.gov.au
- 2020Electronic Transactions Regulations 2020
Lists Commonwealth laws exempt from the Act, including the Bills of Exchange Act 1909 and Cheques Act 1986.
Source: legislation.gov.au
- 2022Corporations Amendment (Meetings and Documents) Act 2022
Made technology-neutral signing permanent for companies, including electronic execution of documents and deeds (Corporations Act ss. 110A and 127).
Source: legislation.gov.au
Generally fine to sign electronically
- Commercial contracts, NDAs and supplier agreements
- Employment contracts and HR documents
- Residential and commercial leases, subject to state requirements
- Company documents and deeds executed under Corporations Act s. 127 using technology-neutral signing
- Consumer agreements where the consumer consents to electronic dealings
Exceptions and extra formalities
- Wills, which are governed by state and territory succession laws that generally require signing and witnessing in a prescribed way
- Land dealings that must be lodged with a state land registry, which use approved electronic conveyancing platforms or paper forms
- Court and tribunal documents and procedures, which follow the court's own rules
- Bills of exchange, cheques and other matters exempted by the Electronic Transactions Regulations
- Documents that must be witnessed, sworn or certified, such as statutory declarations and affidavits, unless the relevant state or Commonwealth rules allow electronic or remote witnessing
In practice
Things to know
Every PDFBetter signer signs with their own cryptographic key: their browser generates an ECDSA P-256 key that never leaves the device and signs a statement binding the document's SHA-256 fingerprint to exactly what they entered, and PDFBetter's certificate authority certifies that key. Every completed PDF and its certificate of completion are digitally sealed with a PAdES signature and, when the service is reachable, independently time-stamped under RFC 3161, so any change shows in PDF readers. The evidence is built into the file: signed statements, device signatures, certificates, entered values and a hash-chained audit log of every view, consent, signature and decline with time and IP address. Signers consent to sign electronically first, the sender can require an emailed 6-digit code, and completed evidence is kept for 7 years. Signature requests are designed to the technical requirements of an advanced electronic signature (eIDAS art. 26): a unique key per signer, under their sole control, linked to the document so any change is detectable. Signers are identified by email (and an optional emailed code), not by ID documents or SMS.
Australian law adds a consent element: the person to whom a signature is given must consent to receiving it electronically. A signature request records each signer's agreement to sign electronically, and the sender's choice to request signatures electronically.
PDFBetter does not create qualified electronic signatures (QES) and does not offer SMS codes, phone authentication, knowledge-based questions or government ID checks. Its seal certificate comes from PDFBetter's own certificate authority, not a government-accredited one, and is not yet on Adobe's trust list, so Acrobat shows the seal's identity as not verified while still detecting changes. Where a law requires a qualified or accredited signature, verified identity, a notary, wet ink or a witness, use a process that provides it.
This page summarizes what the law generally says, with links to the official texts. PDFBetter is not a law firm; for an important or unusual document, check with a lawyer qualified where the document will be relied on.
What PDFBetter gives you as evidence
Every signer signs with their own cryptographic key, bound to the document’s SHA-256 fingerprint, after recorded consent and an optional emailed code. The completed PDF and certificate of completion are digitally sealed and independently time-stamped, with the hash-chained audit trail built into the file. Designed to the technical requirements of an advanced electronic signature (eIDAS art. 26); signers are identified by email (and an optional emailed code), not by ID documents or SMS. Not a qualified signature (QES).
E-signatures in Australia: questions people ask
Are e-signatures legally binding in Australia?
Generally yes. Commonwealth and state electronic transactions acts accept electronic signatures that identify the signer, show intention, are reliable enough for the purpose and are given with the recipient's consent.
Can a company sign a deed electronically?
Yes. Since 2022, the Corporations Act permanently allows companies to execute documents, including deeds, electronically under section 127.
Can a will be signed electronically in Australia?
Generally no. Wills are governed by state and territory laws with their own signing and witnessing requirements; courts can sometimes recognize informal wills, but that isn't a substitute for proper execution.
Does the law differ between states?
Each state and territory has its own electronic transactions act, largely consistent with the Commonwealth Act, plus its own rules for wills, land, witnessing and statutory declarations.
Can I sign a property transfer with PDFBetter?
No. Land transfers are lodged through state land registries using approved electronic conveyancing platforms or prescribed forms.