Stephen Harvey & Dean Saxvik, current as of: 27 April 2023.
Permanent changes to the execution and witnessing of deeds have been passed by the Federal government and certain State governments. And it is understood the Federal attorney-general’s department is currently in the process of preparing legislation to enable deeds to be executed digitally in a uniform manner across the country.
Currently, Queensland, New South Wales and Victoria have passed permanent changes, while South Australia, Western Australia, Tasmania, the ACT and Northern Territory have not.
The below table summarises the current position in each jurisdiction and provides guidance on where to find further information.
Whilst the electronic execution of deeds is expressly permitted by the legislation in some jurisdictions, acceptance of electronically executed deeds by third parties (i.e., banks, titles/revenue offices) may vary.
The method used to electronically execute a document should be reliable as appropriate and the signee should always be properly identified.
Acis does not provide advice in relation to taxation, duty, company law or any other matter. We do not purport to give advice nor should you construe anything in any correspondence with us or material provided by us as advice of any kind.
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