Are electronic signatures legal in Australia? ETA, deeds and company execution

Australians sign leases, employment contracts and sale contracts electronically every day. But Australia is a federation, and the moment a document is a deed, needs a witness, or is a will, the answer depends on which state or territory you are in, and several of those rules were rewritten after 2020.

This guide sets out the general law, what companies can do, where the states differ, and what to use in practice.

The short answer

• Electronic signatures are legally valid in Australia. The Electronic Transactions Act 1999 (Cth) covers Commonwealth laws, and each state and territory has its own Electronic Transactions Act on the same model.
• A legal requirement for a signature is met electronically if the method identifies the person and their intention, is as reliable as appropriate (or proven to have done its job), and the person receiving it consents.
• Companies can sign documents: including deeds: electronically under section 127 of the Corporations Act 2001. This was made permanent in 2022.
• Deeds signed by individuals, witnessing by video and wills depend on state law. NSW, Victoria and Queensland have made permanent reforms; the other jurisdictions differ.
• Land transfers are lodged electronically through e-conveyancing, but by your conveyancer or lawyer, not by you signing a PDF.

The law

Electronic Transactions Act 1999 (Cth)

Section 10 of the Commonwealth Act says that where a Commonwealth law requires a person's signature, the requirement is met for an electronic communication if:

1. a method is used to identify the person and to indicate their intention in respect of the information communicated;
2. the method is either as reliable as appropriate for the purpose, in light of all the circumstances, or proven in fact to have fulfilled those functions, by itself or with other evidence; and
3. the person to whom the signature is required to be given consents to that method.

The Act is technology-neutral: it does not require a certificate, and Australia has no "qualified signature" tier as in Europe. Certain Commonwealth laws are exempted by the Electronic Transactions Regulations, so a specific federal form may still need paper.

State and territory acts

Each jurisdiction has its own Act based on the same national model. For example the Electronic Transactions Act 2000 (NSW), the Electronic Transactions (Victoria) Act 2000 and the Electronic Transactions (Queensland) Act 2001. They apply to state laws (leases, land dealings, state forms), and each has its own exclusions, set in the Act or its regulations. Matters commonly left out or dealt with by separate rules include wills and testamentary documents, powers of attorney, some land dealings and court processes. Always check the specific state law.

Contracts at common law

Most contracts need no particular form at all. Courts have long accepted that a contract can be made and signed by email, a typed name or a click, so long as the parties intended to be bound. The Electronic Transactions Acts matter mostly when a statute says a document must be signed or in writing.

Company documents: section 127

Under section 127 of the Corporations Act 2001, a company can execute a document by two directors, a director and a company secretary, or the sole director. Temporary COVID-era measures allowed this to be done electronically; the Corporations Amendment (Meetings and Documents) Act 2022 then made electronic execution permanent from 1 April 2022, including for deeds. The amended Act also confirms that a company deed need not be on paper and that an agent appointed under section 126 can execute a deed for the company. Signatories can sign separate copies (split execution), and a counterparty can rely on the section 129 assumptions for a document executed this way.

This covers companies acting under section 127. If an individual signs a deed, or a company signs through an attorney, state law on deeds applies.

Documents that need special care

Deeds signed by individuals

Deeds are governed by state law and traditionally had to be on paper, signed, witnessed and delivered.

• New South Wales: section 38A of the Conveyancing Act 1919 lets a deed be created in electronic form and signed and attested electronically, and a 2021 amendment confirmed this applies to corporations too. The Electronic Transactions Amendment (Remote Witnessing) Act 2021 made witnessing by audio-visual link a permanent option from November 2021, for documents including deeds, wills, powers of attorney, affidavits and statutory declarations.
• Victoria: the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 made electronic signing and remote witnessing permanent. Deeds count as transactions under the Electronic Transactions (Victoria) Act 2000, so they can be electronic, and statutory declarations, affidavits and wills can be witnessed by audio-visual link under conditions.
• Queensland: the Justice Legislation (COVID-19 Emergency Response: Permanency) Amendment Act 2022 made electronic signing of deeds, including split execution, permanent. The Property Law Act 2023, in force from 1 August 2025, replaced the Property Law Act 1974 and keeps the recognition of electronic deeds and electronic land contracts.
• Other states and territories have their own positions, some narrower.

The details (who can witness, what the witness must see, whether an electronic copy counts) vary and have changed several times since 2020. If you are asking "can I e-sign a deed in NSW?", the short answer is generally yes, but have a lawyer confirm the execution clause for an important deed.

Wills

Every state and territory requires a will to be in writing, signed by the will-maker and witnessed. Electronic signing is not a standard way to make a will, although some jurisdictions, including New South Wales and Victoria, now allow a will to be witnessed by audio-visual link under strict conditions.

All states and territories have dispensing powers that let the Supreme Court admit a document that was not properly executed if it is satisfied the person intended it as their will. Courts have used this for electronic documents: for example, a note on an iPhone in Re Yu [2013] QSC 322 and an unsent text message in Nichol v Nichol [2017] QSC 220, both in Queensland. These are last-resort court applications, not a way to plan. See Can you sign a will electronically?.

Real estate

Two separate steps are involved:

• The contract of sale. Agents and conveyancers widely use electronic signing for contracts of sale, and state laws have been updated to allow it. Cooling-off, vendor disclosure and exchange rules differ by state, so follow your conveyancer's process.
• Settlement and transfer. Transfers and mortgages are lodged electronically through e-conveyancing platforms such as PEXA, under the Electronic Conveyancing National Law. Your lawyer or conveyancer signs on the platform with their own digital certificate after verifying your identity and obtaining your signed client authorisation. You do not lodge a transfer by e-signing a PDF.

See Can you e-sign a property deed or sale contract?.

Government, tax and digital ID

The Digital ID Act 2024 (Cth) set up the legal framework for the Australian Government Digital ID System and for accrediting digital ID providers. myID (called myGovID until it was renamed in November 2024) is the government's digital ID app. It proves who you are when you log in to services such as the ATO or ASIC; it is not a way to sign a PDF contract.

Commonwealth statutory declarations can also be made digitally through myGov using a strong digital ID, under the Statutory Declarations Amendment Act 2023, which took effect in 2024. They can also be signed electronically and witnessed over video, or made on paper as before. Agencies such as the ATO and ASIC publish which of their forms can be signed electronically. Check the form.

Doing it with KovaPDF

• Contracts, leases, employment agreements, approvals: Request Signatures. Add signers, choose the order, place signature, initials, date and text fields, and add an access code if you like. Signers use a private link and need no account. Each party receives the signed PDF with a certificate of completion (names, emails, open and sign times, IP addresses and browsers, document fingerprint) and a trusted timestamp, so any later change is detectable. That evidence directly supports the "identify the person" and "reliable as appropriate" tests in section 10. Legally it is an ordinary electronic signature.
• Company documents under section 127: the same tool works for two directors (or a director and secretary) signing in order. Put the correct section 127 execution block in the document.
• Your own signature on a form: Sign PDF.
• A certificate as a .pfx or .p12 file: Digital Signature applies a PAdES signature with a trusted timestamp.
• Checking a signed PDF: Verify PDF Signature.

No online tool can witness a document for you, lodge a land transfer, or make a will valid. Where a witness is required, follow your state's witnessing rules.