Treasury Laws Amendment (2021 Measures No. 1) Act 2021 (82 of 2021)

Schedule 1   Virtual meetings and electronic communication of documents

Part 1   Main amendments

Corporations Act 2001

6   After subsection 127(3)

Insert:

Signing a physical copy or counterpart

(3A) For the purposes of this section, a document is taken to have been signed by a person if:

(a) the person signs a copy or counterpart of the document that is in a physical form; and

(b) the copy or counterpart includes the entire contents of the document.

Signing an electronic copy or counterpart

(3B) For the purposes of this section, a document is taken to have been signed by a person if:

(a) a method is used to identify the person and to indicate the person's intention to sign a copy or counterpart of the document; and

(b) the copy or counterpart includes the entire contents of the document; and

(c) the method used was either:

(i) as reliable as appropriate for the purpose for which the document was generated or communicated, in light of all the circumstances, including any relevant agreement; or

(ii) proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.

Copy or counterpart need not include other signatures

(3C) For the purposes of paragraphs (3A)(b) and (3B)(b), a copy or counterpart of a document need not include:

(a) the signature of another person signing the document; or

(b) any material included in the document to identify another person signing the document or to indicate another person's intention in respect of the contents of the document; or

(c) if a common seal is fixed to the document - the seal.