The New World of Digital Document Signing – Deeds

Stephen Harvey & Dean Saxvik, current as of: 30 April 2022.

The Federal government and some State governments have now passed permanent changes relating to the execution and witnessing of deeds.

The following information provides both a snapshot of the changes in various jurisdictions and guidance on where to find further information.

Commonwealth | QLD | NSW | VIC | ACT | TAS | SA | WA | NT

Permanent Changes – Commonwealth, Queensland, New South Wales & Victoria

JurisdictionCompany Execution of DeedsCompany Witnessing of DeedsIndividual Execution of DeedsIndividual Witnessing of DeedsRelevant legislation
Commonwealth

Electronic execution of deeds by a company is permitted

Split execution of documents by a company using multiple counterparts is permitted – each counterpart need not have any other signatures or a seal

Each counterpart signed must be the whole document, not just the execution page.

May be signed without a witness

If witnessing, this can be done by audio visual link provided specified procedural requirements are followed

Witnessing of the fixing of a common seal can be done remotely

N/A

N/A

Corporations Act 2001 (Cth) – Sections 110A and 127

Queensland

May be in electronic form

May be signed electronically provided specified procedural requirements are followed

Split execution of documents using multiple counterparts is permitted – each counterpart need not have any other signatures or a seal

May be signed without a witness

If witnessing, this can be done by audio visual link provided specified procedural requirements are followed

May be in electronic form

May be signed electronically provided specified procedural requirements are followed

Split execution of documents using multiple counterparts is permitted – each counterpart need not have any other signatures or a seal

May be signed without a witness

If witnessing, this can be done by audio visual link provided specified procedural requirements are followed

Property Law Act 1974 (Qld) – Sections 44 to 46

New South Wales

May be in electronic form

May be signed electronically provided specified procedural requirements are followed

Signing may be witnessed by audio visual link provided specified procedural requirements are followed

May be in electronic form

May be signed electronically provided specified procedural requirements are followed

Witnessing is required

Signing may be witnessed by audio visual link provided specified procedural requirements are followed

Conveyancing Act 1919 (NSW) – Section 38 and 38A as amended by Customer Service Legislation Amendment Act 2021 (NSW)

Electronic Transactions Act 2000 (NSW) – Part 2B as amended by Electronic Transactions Amendment (Remote Witnessing) Act 2021 (NSW)

Victoria

Deeds may be in electronic form and signed electronically

May be signed without a witness

If witnessing, this can be done by audio visual link provided specified procedural requirements are followed

Deeds may be in electronic form and signed electronically

May be signed without a witness

If witnessing, this can be done by audio visual link provided specified procedural requirements are followed

Property Law Act 1958 – Section 73A

Electronic Transactions (Victoria) Act 2000 – Sections 12 to 12B as amended by Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 – Part 10

At this stage, South Australia, Western Australia, Tasmania, the ACT and Northern Territory have not made permanent changes similar to those above.

Australian Capital Territory, Tasmania, South Australia, Western Australia and Northern Territory

In these jurisdictions, the table below summarises the current position.

JurisdictionCompany Execution of DeedsCompany Witnessing of DeedsIndividual Execution of DeedsIndividual Witnessing of DeedsRelevant legislation
Australian Capital Territory

The Relevant Legislation does not deal with companies – Follow Corporations Act 2001 (Cth)

Follow Corporations Act 2001 (Cth)

May not be in electronic form

May not be signed electronically

Split execution of documents using multiple counterparts is permitted but must use an appropriate counterparts clause

Must be signed with a witness.

The witness must be present

Civil Law (Property) Act 2006 (ACT) – Section 219

Tasmania

The Relevant Legislation does not deal with companies – Follow Corporations Act 2001 (Cth)

Follow Corporations Act 2001 (Cth)

May not be in electronic form

May not be signed electronically

Split execution of documents using multiple counterparts is permitted but must use an appropriate counterparts clause

Must be signed with a witness

The witness must be present

Conveyancing and Law of Property Act 1884 (Tas) – Section 63

South Australia

The Relevant Legislation does not deal with companies – Follow Corporations Act 2001 (Cth)

Follow Corporations Act 2001 (Cth)

May not be in electronic form

May not be signed electronically

Split execution of documents using multiple counterparts is permitted but must use an appropriate counterparts clause

Must be signed with a witness

The witness must be present

Law of Property Act 1936 (SA) – Section 41

Western Australia

The Relevant Legislation does not deal with companies – Follow Corporations Act 2001 (Cth)

Follow Corporations Act 2001 (Cth)

May not be in electronic form

May not be signed electronically

Split execution of documents using multiple counterparts is permitted but must use an appropriate counterparts clause

Must be signed with a witness

The witness must be present

Property law Act 1969 (WA) – Section 9

Northern Territory

The Relevant Legislation does not deal with companies – Follow Corporations Act 2001 (Cth)

Follow Corporations Act 2001 (Cth)

May not be in electronic form

May not be signed electronically

Split execution of documents using multiple counterparts is permitted but must use an appropriate counterparts clause

Must be signed with a witness

The witness must be present

Law of Property Act (NT) – Section 47

Get in touch with our Legal Team if you have any queries. 

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