What laws govern digital signatures?
The Electronic Transactions Act 1999 (Cth) (ETA) provides a general rule that for the purposes of a law of the Commonwealth, a transaction is not invalid because it took place wholly or partly by means of one or more electronic transactions. The ETA came into force generally from 1 July 2001. From this date, all Commonwealth laws will fall under the Act except those specifically excluded. Section 10 of the ETA outlines requirements that must be met for an electronic signature to be valid. Generally, • A method must be used to identify the person and to indicate the person’s approval of the information communicated; • The method must be as reliable as was appropriate for the purposes for which the information was communicated; And where the transaction is with the Commonwealth (Gatekeeper is designed for transactions with Government), • The method used is in accordance with the Commonwealth entity’s particular information technology requirements. This section of the ETA refers to the br
