Statutory Review of the Statutory Declarations Act 1959
Are current safeguards operating effectively for the electronic and in-person execution methods?
Electronic execution is more aligned with traditional in-person execution (primarily as both require a witness). As a result, the Amendment Act contains different safeguards for electronic execution than those applying to digital execution. These safeguards were introduced to respond to potential instances of fraud, coercion and duress during the electronic execution process.
Page 10 of the discussion paper provides more information on electronic and in-person execution safeguards and what we know about how they are working. To date, we are unaware of any increase in instances of fraud, coercion or duress associated with the electronic execution process (noting also that we do not hold a regulatory role in these matters). The review provides an opportunity to seek feedback on this topic, including any observations or experiences from stakeholders, individuals and businesses.
Please provide your views by answering the below questions. You do not need to answer them all – you may respond only to those that are relevant to you or your organisation.