Legal Guide

Yes, Electronic Signatures
Are Legal in Australia

The Electronic Transactions Act 1999 gives electronic signatures the same legal standing as handwritten signatures for most documents. Here's what you need to know.

The Law: Electronic Transactions Act 1999

The Electronic Transactions Act 1999 (Cth) is the cornerstone of eSignature legality in Australia. Enacted by the Commonwealth Parliament, it establishes that electronic communications — including signatures — are not invalid simply because they are in electronic form.

Each Australian state and territory has passed equivalent legislation, creating a uniform framework across the country. This means electronic signatures are recognised whether you're signing a contract in Sydney, Melbourne, Brisbane, or Perth.

The Act aligns with the UNCITRAL Model Law on Electronic Commerce, ensuring Australian eSignatures are also recognised in international transactions.

What Makes an eSignature Valid

Consent

The signer must consent to signing electronically. SignAndGo captures explicit consent before every signature.

Identification

The signer must be identifiable. Email verification, IP logging, and optional 2FA confirm identity.

Intent

The signer must intend to sign the specific document. SignAndGo presents the full document before signing.

Reliability

The method must be reliable and appropriate. Audit trails, encryption, and tamper detection ensure integrity.

Exceptions: Documents That May Require Wet Signatures

While most documents can be legally signed electronically, some exceptions exist. These vary by state and territory:

Wills and codicils
Powers of attorney (some states)
Real property transfers and deeds (some states)
Court documents and statutory declarations
Migration and citizenship documents
Documents requiring witnessing (varies by state)

Note: COVID-era legislative changes permanently relaxed some witnessing requirements in several states. Always consult your legal advisor for specific requirements.

Audit Trails: Your Legal Evidence

An eSignature is only as strong as the evidence behind it. SignAndGo creates a comprehensive, tamper-proof audit trail for every document.

Signer's email address and identity verification
Exact timestamp of each signature (AEST)
IP address and geolocation of the signer
Browser and device information
Document hash to detect any tampering
Complete event log from creation to completion

How SignAndGo Ensures Compliance

SignAndGo is built from the ground up for Australian legal compliance. Every feature is designed to meet the requirements of the Electronic Transactions Act and Australian Privacy Principles.

ETA 1999 Compliant

Meets all four validity requirements: consent, identification, intent, and reliability.

Sydney Data Residency

All data stored in australia-southeast1. Documents never leave Australian jurisdiction.

Court-Ready Audit Trails

Comprehensive evidence package with timestamps, IP addresses, and document integrity verification.

View our full compliance details

Start Signing with Confidence

Legally binding eSignatures, backed by Australian law and secured with comprehensive audit trails. 5 free envelopes to get started.