Australia: Electronic Transactions Acts
Portant's position: Portant provides simple electronic signatures. It does not verify a signer's identity. Under Australian law, a transaction is not invalid only because it took place electronically. Where a law requires a signature, an electronic method meets that requirement only if it meets the conditions in the Act that applies (see below). Some documents are excluded or have their own signing rules, listed below. This page is general information, not legal advice. For regulated or high-value documents, check with a lawyer.
Australia has one Commonwealth Act and one Act in each state and territory. The Electronic Transactions Act 1999 covers requirements under Commonwealth laws. Each state and territory Act covers requirements under that jurisdiction's own laws. The Acts work in a similar way, but their exclusions differ.
Overview of the Electronic Transactions Acts
- Laws: the Electronic Transactions Act 1999 (Commonwealth), plus the Electronic Transactions Act 2000 (NSW), Electronic Transactions (Victoria) Act 2000, Electronic Transactions (Queensland) Act 2001, Electronic Transactions Act 2011 (WA), Electronic Communications Act 2000 (SA), Electronic Transactions Act 2000 (Tas), Electronic Transactions Act 2001 (ACT) and Electronic Transactions (Northern Territory) Act 2000.
- Purpose: Says a transaction is not invalid only because it took place electronically (section 8 of the Commonwealth Act), and sets out when an electronic method meets a legal requirement for a signature (section 10).
When and where the Acts apply
The Acts apply to a broad range of transactions. Consent rules and some exclusions apply, as set out below.
- What they cover: The Acts say a transaction is not invalid only because it is electronic. They also set out when an electronic method meets a requirement under a law to sign, write, produce or keep a document. Where another law sets its own method for signing or identifying someone, that law still applies (section 10(2)).
- Jurisdictions: The Commonwealth Act applies to requirements under Commonwealth laws, not only to government agencies. Each state and territory Act applies to requirements under that jurisdiction's own laws.
- Consent: Where a law requires a signature to be given to a person, that person must consent to the electronic method. Consent can be inferred from conduct (sections 5 and 10). Where the signature goes to a Commonwealth entity, the entity's own technical requirements, if any, apply instead.
Documents the Acts exclude or treat differently
The Acts do not cover every document. Check these before you send:
- Court and tribunal documents. The Commonwealth Act's writing and signature rules do not apply to the practice and procedure of a court or tribunal (section 7B). The state and territory Acts have similar exclusions. For example, the Electronic Transactions (Queensland) Act 2001 excludes filing, signing and producing documents for a court or tribunal proceeding (schedule 1).
- Some Commonwealth laws. The Electronic Transactions Regulations 2020 exclude some Commonwealth laws from all or part of the Act, including the Bills of Exchange Act 1909, the Cheques Act 1986, the Corporations Act 2001 and the Statutory Declarations Act 1959. Those laws set their own signing rules.
- Documents that must be witnessed or served. Some state and territory Acts exclude documents that must be witnessed or attested, or served personally or by post. The Electronic Transactions (Queensland) Act 2001 is one example (schedule 1).
- Wills, powers of attorney, deeds and land title documents. These follow their own laws, with their own signing and witnessing rules. For example, in Victoria the Wills Act 1997 and the Powers of Attorney Act 2014 set these rules. A document signed by a company follows the Corporations Act 2001 (section 127). Check the law that applies before you send.
What the Acts look at and what Portant does
| Topic | What the Act says | What Portant does |
|---|---|---|
| Identifying the signer | A signature method must identify the person and show their intention about the information. It must also be as reliable as is appropriate for the purpose, in light of all the circumstances, or be proven in fact to have done this (section 10). | For a signature request, the signing link is sent to the email address on the request, and the signer adds their signature and submits the document. Anyone with a signing link can sign. If a recipient forwards the request email, the person who receives it can sign. Portant does not verify who opens or signs a document. Whether this is reliable enough depends on the document and the circumstances. |
| Consent | The person who receives the signature must consent to the electronic method. Consent can be inferred from conduct (sections 5 and 10). | Agreeing with the other party to sign electronically is up to you. In every signing flow, the signer ticks a box confirming "I understand that this is a legal representation of my signature" before they sign. This confirms their intent to sign. |
| Document integrity | Where a law requires a document to be produced or kept, the method must reliably keep its information complete and unaltered (sections 11 and 12). | Every signed PDF is locked and hashed. Anyone can check a signed PDF at sign.portant.co. It confirms only whether the file is an unchanged Portant document. It does not show who signed, when, or from where. |
| Record of the signing | The Act does not require an audit trail or a timestamp. A record of the signing can be further evidence that the method identified the signer and showed their intention (section 10). | On paid plans (Pro, Team and Enterprise), the Audit trail toggle adds an audit page to the signed PDF. It lists when the document was sent, each time each recipient opened it and each signature (with email address, date and time, IP address, approximate IP location and device), and when it was completed. It works for workflow signature requests, signing links and Signatures tab uploads. On signing links, the name and email the signer enters are saved with the signing events. The Free plan does not include the audit trail. |
| Data protection | The Electronic Transactions Acts do not set data security rules. The Privacy Act 1988 covers how many organizations handle personal information. | Portant hosts data on Google Cloud Platform (GCP). Signed PDFs are saved where your workflow sends its outputs, for example the HubSpot record, SharePoint or OneDrive, or Portant hosting, and appear on the Outputs tab. When signature receipts are on, each signer gets a copy of the signed PDF. See the Data Protection Addendum. |
| Access | The Electronic Transactions Acts do not set access control rules. | On a team, roles set who can create, run and view workflows. Anyone with a signing link can open it and sign, including someone a request email was forwarded to. Portant does not verify who opens it. Send sensitive requests only to recipients you trust. |
Practical considerations
- Agree on electronic signing. Make sure the people you send documents to agree to sign electronically. The Act lets consent be inferred from conduct, but a clear agreement is easier to show later.
- Keep the signed PDF. Every signed PDF is locked and hashed. Keep the copy saved to your output folder as your record.
- Turn on the audit trail before you send. On paid plans (Pro, Team and Enterprise), turn on the Audit trail toggle before you send the request to add an audit page to the signed PDF. It cannot be added to a PDF that is already signed. See Audit trail.
- Check which Act applies. The Commonwealth Act covers requirements under Commonwealth laws. A requirement under a state or territory law falls under that jurisdiction's Act, and the exclusions differ.
- Watch for exclusions and get advice. Check the excluded documents listed above. For regulated or high-value documents, check with a lawyer.
Conclusion
Portant provides simple electronic signatures and does not verify a signer's identity. Under Australian law, a transaction is not invalid only because it took place electronically. Whether a signature meets a specific legal requirement depends on the Act that applies, the method used and the document. On paid plans, Portant can add an audit page to the signed PDF. Some documents are excluded or have their own signing rules. This page is general information, not legal advice. For regulated or high-value documents, check with a lawyer.
If you have questions about Portant's signatures, get in touch.