The Electronic Transactions Amendment (Remote Witnessing) Bill 2021 (NSW) has been passed by both House of NSW Parliament and awaits assent.

Attorney General Mark Speakman said the Bill amends the Electronic Transactions Act 2000 (NSW) to permanently allow documents to be witnessed in real time over an audio-visual link (AVL). Documents that may be witnessed by audio visual link include wills, powers of attorney, deeds and agreements. People outside of NSW may also use the remote witnessing provisions for documents required to be signed under or governed by NSW law.

After a successful trial period of 18 months, the Attorney General said the Bill will make permanent the temporary electronic witnessing measures that are set to expire on 31 December 2021. The Bill also amends the Oaths Act 1900 (NSW) to expand the classes of persons before whom oaths and NSW statutory declarations may be made to align with Commonwealth requirements.

DATE OF EFFECT: The Bill will commence on assent. [LTN 225, 22/11/21]

[Tax Month – November 2021Previous 2021] 22.11.21

About the author