Type of document | Method | Legislation |
Affidavits and statutory declarations | In person witnessing Affidavits and statutory declarations can be signed electronically where the witness is physically present.
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See Oaths Act 1867 (Qld), Part 4, div 2 and 3 –specifically, ss 1B re “accepted method”, 13A, 16C and 16D; Uniform Civil Procedure Rules 1999 (Qld) rr 429W and 429X. |
Remote witnessing Affidavits, statutory declarations and oaths (except for oaths of office and oaths of allegiance) can be witnessed over AV link by special witnesses or prescribed persons.
Affidavits and statutory declarations that are witnessed over AV link can be physically signed or electronically signed, and/or made using counterparts, if witnessed by a special witness or prescribed person, with procedural requirements to apply.
A ‘special witness’ includes:
| See Oaths Act 1867 (Qld) ss 1B and 13A; Part 4, div 2 and Part 6A, div 2 and; Uniform Civil Procedure Rules 1999 (Qld) rr 429W and 429X. See specifically Oaths Act 1867 (Qld) Part 6A, div 5. Oaths Act 1867 (Qld) s31V. Oaths Act 1867 (Qld) s 31W. Oaths Act 1867 (Qld) ss 31B re “official version” and “original physical version” and 31Y.
Oaths Act 1867 (Qld) s 12.
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E-conveyancing Electronic signatures on statutory declarations can only be used for a land or water dealing where electronic conveyancing or e-conveyancing is used. |
Electronic Conveyancing National Law (Queensland) Act 2013 (Qld) s 7. | |
Physical signing and witnessing If a statutory declaration is lodged or deposited in the land registry or register of water allocations, it must be physically signed and must otherwise be made, signed and witnessed in accordance with the Oaths Act. |
Oaths Act 1867 (Qld) s 31K(2).
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Powers of attorney | Businesses Powers of attorney for businesses (corporations, partnerships and unincorporated associations, but not sole traders) can be signed electronically, in counterparts and by split execution and without a witness. | Powers of Attorney Act 1998 (Qld) ch 2 pt 3A. |
Individual - commercial A general power of attorney for an individual under the Powers of Attorney Act 1988 or a power of attorney for an individual given under a deed must be a physical document that is signed in the presence of a witness, unless:
A document containing a power of attorney given by an individual under a deed may be characterised as part of a commercial or arm’s length transaction even if the document is executed at a different time, and is separate to, other documents that form part of the transaction. | Property Law Act 1974 (Qld) s 46A.
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General A general power of attorney under the Powers of Attorney Act 1988 or a power of attorney under a deed that is used for a land or water dealing must continue to be executed in accordance with the Land Title Act 1994 and Land Act 1994. |
Powers of Attorney Act 1998 (Qld) s 24D. | |
Deeds | Electronic signing Deeds can be made in the form of an electronic document and electronically signed when using an ‘accepted method’.
An “accepted method” for electronically signing is a method which identifies the signatory and the signatory’s intention in relation to the contents of the document, is as reliable as appropriate for the purposes of the document and is consented to by all the signatories to the document.
Deeds do not need to be sealed or stated to be sealed, though it must contain a clear statement that it is executed as a deed. Deeds can be made in counterparts and by split execution; each signatory can sign an identical copy of the deed that need not contain a signature of any other person who is to sign the document. |
Property Law Act 1974 (Qld) ss 44-46.
Property Law Act 1974 (Qld) sub-div 2.
Property Law Act 1974 (Qld) s 46H. |
No witness An individual can sign a deed on behalf of a partnership or unincorporated association without a witness. |
Property Law Act 1974 (Qld) s 46E. | |
Land and water dealings Deeds lodged or deposited in relation to land and water dealings must continue to be executed in accordance with the Land Title Act 1994 and Land Act 1994. |
Property Law Act 1974 (Qld) s 46B. | |
Mortgages | E-conveyancing E-conveyancing allows instruments and documents needed for property transactions to be digitally prepared, signed, settled and lodged. The participation rules under the Electronic Conveyancing National Law (ECNL) provide that when a mortgage is lodged through e-conveyancing, the mortgagee must obtain and hold a duplicate of the mortgage on the same terms as the lodged mortgage signed by the mortgagor.
The duplicate same terms mortgage can be made as an electronic document and signed electronically by the mortgagor or mortgagee, without the need for any witnessing, as long as it complies with s 11 of the Property Law Act 1974. | Property Law Act 1974 (Qld) s 78A. |
The Property Law Act 2023 was recently passed by Parliament and is yet to commence. Accordingly, we have referenced provisions from the current Act. We will update the table with the provisions in the new Act once it commences.
Wills, enduring powers of attorney and general powers of attorney executed by an individual, with the exception of those relating to a commercial transaction must be executed in the existing way and are not subject to changes by the Justice and Other Legislation Amendment Act 2021 (Qld).
Wills | Must be in writing and signed by the testator. Cannot be witnessed electronically. | Succession Act 1981 (Qld) s 10. |
Enduring powers of attorney | Must be in an approved formed and signed by the principal. Cannot be witnessed electronically. | Refer to formal requirements in s 44 of the Powers of Attorney Act 1998 (Qld). |
General powers of attorney not for a business | Must be in writing and signed by the principal. Cannot be witnessed electronically. | Powers of Attorney Act 1998 (Qld) s 12. |