Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_675
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 675
Character Range: 127355–128890

675  Methods of executing document
 (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.
 (2) In this section:
document includes a document in electronic form.
 (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:
 (a) sign a copy or counterpart of the document that is in a physical form; or
 (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).
The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.
 (4) A person complies with this subsection if:
 (a) a method is used to identify the person in the electronic communication and to indicate the person's intention in respect of the contents of the document; and
 (b) the method:
 (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or
 (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.