Queensland Consolidated Acts

LAND ACT 1994 - SECT 305A

305A Electronic communication of statutory declaration or affidavit

(1) A person is taken to have complied with a requirement under section 305 (2) to give the registrar of titles a statutory declaration or affidavit (the
"verifying document" ) if the person gives a signed electronic form of the verifying document by electronic communication and—

(a) having regard to all the relevant circumstances when the communication was sent, the method of generating the electronic form of the verifying document provided a reliable way of maintaining the integrity of the information it contained; and

(b) when the communication was sent, it was reasonable to expect the information contained in the electronic form of the verifying document would be readily accessible so as to be useable for subsequent reference; and

(c) the registrar consents to the electronic form of the verifying document being given by electronic communication.

(2) The person is taken to have signed the electronic form of the verifying document if—

(a) a method is used to identify the person and to indicate the person’s approval of the information communicated; and

(b) having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the information was communicated; and

(c) the registrar of titles consents to the electronic form of the verifying document being signed by using the method mentioned in paragraph (a) .