• PART 4 PART 4 ELECTRONIC SIGNATURES

    • 12. Legal recognition of Electronic Signatures

      Where an Enactment requires the signature of a person, or provides for certain consequences if a document or a Record is not signed, that requirement is satisfied if an Electronic Signature is used, unless the Enactment expressly prohibits the use of an Electronic Signature.

    • 13. Validity of Electronic Signatures

      (1) An Electronic Signature is valid provided that the type of Electronic Signature used is, either:
      (a) reliable and appropriate for the purpose for which the Electronic Record was generated or communicated, in light of all the circumstances, including any relevant agreement between the parties; or
      (b) proven to have fulfilled the functions described in section 13(1)(a), by itself or together with further evidence,
      (2) For the avoidance of doubt, any Electronic Signature which complies with this Part will have the same legal effect as a handwritten signature.

    • 14. Reliability of Electronic Signature

      (1) An Electronic Signature is reliable for the purposes of satisfying the requirement referred to in section 13(1)(a) if:
      (a) the signature creation data are, within the context in which they are used, linked to the signatory and to no other person;
      (b) the signature creation data were, at the time of signing, under the control of the signatory and of no other person;
      (c) any alteration to the Electronic Signature, made after the time of signing, is detectable; and
      (d) where a purpose of the legal requirement for a signature is to provide assurance as to the integrity of the information to which it relates, any alteration made to that information after the time of signing is detectable.
      (2) Section 14(1) does not limit the ability of any person to:
      (a) establish in any other way, for the purpose of satisfying the requirements referred to in section 13(1)(a), the reliability of an Electronic Signature; or
      (b) adduce evidence of the non-reliability of an Electronic Signature.

    • 15. Admissibility of Electronic Signatures in evidence

      In any proceedings before the Court, evidence of a signature includes an Electronic Signature.