DRAFT for lawyer review. This disclosure is not a legal opinion on whether a particular document may be signed electronically.
Electronic signing disclosure
This notice is for people who sign a document through BTD Contracts, and for the businesses that send those documents. It is intended to support consent under the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions Act 2000 (NSW), and similar state and territory laws where they apply.
What you are agreeing to
If you tick the consent box and finish the required fields, you agree to sign that document electronically and to receive the completed record electronically. Consent is for that envelope only. You can refuse and ask the sender to use paper instead. Use “Decline to sign” and give a reason.
What you need
You need a current web browser and a device that can open a PDF. You can review the document before you sign. After everyone has signed, you can download the signed PDF and a certificate of completion from the finish screen. Keep your own copy. The signing link is unique to you. Do not forward it.
What the record contains
The certificate records who signed, the time in Australia/Sydney, IP address, device details, the consent version, and SHA-256 hashes of the original and signed files.
Documents that may not be signed this way
Electronic signature is not available, or is restricted, for some documents. These commonly include:
- wills, codicils and other testamentary documents
- some powers of attorney and enduring documents, depending on the state or territory
- statutory declarations and affidavits, which often require an authorised witness
- deeds, in jurisdictions that still require paper, witnessing or a particular form
- anything a law, a court, or the document itself says must be signed in wet ink
The business sending the contract is responsible for deciding that electronic signature is appropriate. BTD Contracts does not check the document. If you are not sure, do not sign electronically. Get advice from a lawyer admitted in Australia.
Withdrawing consent
You may decline before you finish. After you have signed, contact the sender. They may void an envelope that is not yet complete. A completed signature is part of the record.