The rule
One sentence of Commonwealth law

The Electronic Transactions Act 1999 states its general rule about validity in section 8(1):
“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 communications.”
Electronic Transactions Act 1999 (Cth), s 8(1), compilation of 5 December 2025
Two limits sit inside that sentence. It speaks only for Commonwealth law: the department says the Act “does not apply to processes under state or territory law”, and each state and territory has enacted its own Electronic Transactions Act. And it covers most Commonwealth processes, not all of them.
Where the rule stops
Four places the general rule gives way
- Named laws. The department lists the ways the Act has been exempted from Commonwealth law, including by “Listing the exempted legislation in the Electronic Transactions Regulations 2020”; its own example is that the Regulations exempt sections of the Act from the Corporations Act 2001.
- Other laws with their own rules. An exemption “does not necessarily mean that you have to use paper methods”: other rules or laws may allow, restrict or modify electronic methods.
- The contract itself. The parties to a contract may settle their own way of dealing with paper or electronic steps, and the department says that may override conflicting sections of the Act.
- Government agencies. Commonwealth entities can set IT, verification or other requirements for signatures required under their legislation.
Five guides
Five guides, five questions
- 01Writing and signatures under the Electronic Transactions Act
When an email meets a Commonwealth requirement for writing, when an electronic method meets one for a signature, and which laws the Regulations switch the Act off for.
- 02Companies signing documents electronically
The Corporations Act has its own signing rule: a person may sign by hand on a physical form, or by electronic means on an electronic form, if the method meets the Act’s test.
- 03Statutory declarations signed digitally
Since 1 January 2024 a Commonwealth statutory declaration may be signed electronically and observed by video link, or made through an approved online platform.
- 04Witnessing by video in NSW
NSW law allows legal documents to be witnessed in real time over an audio-visual link, but a copy cannot be certified that way.
- 05Receipts and proof of purchase
As compiled at 16 September 2026, the Australian Consumer Law’s line is $75 or more, excluding GST, and its own examples of a proof of transaction include a confirmation or receipt number for an internet transaction.
What still wants paper or presence
Where paper, presence or a check comes first
| The task | What the source says |
|---|---|
| Certifying a true copy in NSW | The department says it “must be done in person by an authorised witness”; the remote witnessing provisions do not allow it over a video link. |
| The form for a Commonwealth statutory declaration | An approved form must be used: “You cannot create your own form.” |
| A remotely witnessed NSW document signed by hand | Any page bearing a physically written signature, mark or endorsement must be part of the “original”. |
| A process under an exempted Commonwealth law | The department says to check with the organisation or department whether it accepts electronic processes. |
In each guide, the electronic path comes with conditions, set out one law at a time.