South Australian Consolidated Acts South Australian Consolidated Acts (1) If, under a law of
this jurisdiction, the signature of a person is required, that requirement is
taken to have been met in relation to an electronic communication if—
(a) a
method is used to identify the person and to indicate the person's intention
in respect of the information communicated; and
(b) the
method used was either—
(i)
as reliable as appropriate for the purpose for which the
electronic communication was generated or communicated, in the light of all
the circumstances, including any relevant agreement; or
(ii)
proven in fact to have fulfilled the functions described
in paragraph (a), by itself or together with further evidence; and
(c) the
person to whom the signature is required to be given consents to that
requirement being met by way of the use of the method mentioned in
paragraph (a).
(2) This section does
not affect the operation of any other law of this jurisdiction that makes
provision for or in relation to requiring—
(a) an
electronic communication to contain an electronic signature (however
described); or
(b) an
electronic communication to contain a unique identification in an electronic
form; or
(c) a
particular method to be used in relation to an electronic communication to
identify the originator of the communication and to indicate the originator's
intention in respect of the information communicated.
(3) The reference in
subsection (1) to a law that requires a signature includes a reference to
a law that provides consequences for the absence of a signature.