The New South Wales Government has made amendments to the Electronic Transactions Act 2000 and the associated regulations in response to the COVID-19 pandemic.
The amendments allow for a number of documents to be witnessed employing audio visual link in NSW. Previously, when witnessing the signing or execution of a document, the person signing the document and the witness had to be physically present with each other. The witness was required to see the signature or execution of the document physically.
The law now allows for the person witnessing the signature of the document to witness the signature by audio visual link and then confirm that they have witnessed the document as soon as reasonably possible.
The regulation includes the following documents:
The regulation defines an audio visual link as a technology that enables continuous and contemporaneous audio and visual communication between persons at different places, including video conferencing.
The regulation sets out the steps a person must take to witness a document electronically.
These steps include: