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Contents

Long Title

Part I PRELIMINARY

Part II ELECTRONIC RECORDS, SIGNATURES AND CONTRACTS

Part III SECURE ELECTRONIC RECORDS AND SIGNATURES

Part IV REGULATION OF SPECIFIED SECURITY PROCEDURES AND SPECIFIED SECURITY PROCEDURE PROVIDERS

Part V USE OF ELECTRONIC RECORDS AND SIGNATURES BY PUBLIC AGENCIES

Part VI LIABILITY OF NETWORK SERVICE PROVIDERS

Part VII GENERAL

FIRST SCHEDULE Matters excluded by section 4

SECOND SCHEDULE Specified security procedures

THIRD SCHEDULE Digital signatures

FOURTH SCHEDULE Designated persons

Legislative Source Key

Legislative History

Comparative Table

 
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On 19/05/2013, you requested for the version in force on 19/05/2013 incorporating all amendments published on or before 19/05/2013. The closest version currently available is that of 02/01/2013.
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Secure electronic signature
18.
—(1)  If, through the application of a specified security procedure, or a commercially reasonable security procedure agreed to by the parties involved, it can be verified that an electronic signature was, at the time it was made —
(a)
unique to the person using it;
(b)
capable of identifying such person;
(c)
created in a manner or using a means under the sole control of the person using it; and
(d)
linked to the electronic record to which it relates in a manner such that if the record was changed the electronic signature would be invalidated,
such signature shall be treated as a secure electronic signature.
(2)  Whether a security procedure is commercially reasonable shall be determined in accordance with section 17(2).
[ETA, s. 17]