Is electronic signature legal in Australia?
Yes. Electronic signatures are legal in Australia under the Commonwealth Electronic Transactions Act 1999 and matching state and territory acts, provided the method identifies the signer, shows intent and is reliable, and the other party consents. Some documents, such as wills in most states and certain witnessed documents and powers of attorney, have state-specific limits.
Last reviewed October 2026. General information, not legal advice.
E-signature law in Australia at a glance
- Status
- Legal
- Main laws
Electronic Transactions Act 1999 (Cth)
Electronic Transactions Regulations 2020 (Cth)
Corporations Act 2001 (Cth), sections 126 and 127 (electronic execution by companies)
- Approach
- Open: any e-signature can be valid
Types of electronic signature in Australia
Electronic signature
Any method that identifies the person and shows their intention, is as reliable as appropriate (or is proven in fact to do so), and is used with the consent of the recipient. Satisfies signature requirements under Commonwealth and state law, subject to exemptions.
Company execution under the Corporations Act
Companies can sign documents and deeds electronically under sections 126 and 127, using a method that identifies the signer and shows intent.
What you can sign electronically in Australia
- Commercial and sales contracts
- Employment contracts
- Leases (subject to state rules)
- Company documents and deeds under the Corporations Act
- Contracts for the sale of land in most states (settlement and registration use e-conveyancing systems)
Documents that need a handwritten signature or extra formalities
- Wills in most states and territories (Victoria allows electronic execution with remote witnessing under conditions)
- Documents filed in court and tribunal proceedings, under Commonwealth and some state rules
- Documents that must be personally served, in several states
- Enduring powers of attorney in some states and territories, such as Western Australia, Tasmania and the Northern Territory
- Documents that must be witnessed or attested, in some states such as NSW, Queensland, South Australia and Western Australia (with exceptions)
Contracts that must be “in writing”
The Electronic Transactions Act 1999 lets an electronic communication satisfy a legal requirement for writing or a signature if the method identifies the person, shows intent, is reliable and the recipient consents. State acts mirror this but add their own exemptions.
E-signatures in Australia: frequently asked questions
Can companies sign deeds electronically in Australia?
Yes. The Corporations Act allows companies to execute documents and deeds electronically under sections 126 and 127. Individuals signing deeds are subject to state rules, which vary.
Can I sign a will electronically in Australia?
In most states, no. Victoria permits electronic execution with remote witnessing in limited conditions, but a wet signature remains the safe practice.
Do e-signature rules differ between states?
Yes. Each state and territory has its own Electronic Transactions Act with its own exemptions, especially for witnessing, personal service and powers of attorney.
Sources
This page is general information about e-signature law in Australia, not legal advice. It was last reviewed in October 2026, and laws change. Check the official sources above or ask a lawyer in Australia before you rely on an electronic signature for an important document. See also whether electronic signatures are legal.
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