Clause 4

Despite anything in section 8 of the Electronic Transactions Act 2010, where a rule of law requires a statutory declaration to be signed, or provides for certain consequences if a statutory declaration is not signed, that requirement is satisfied in relation to a statutory declaration in the form of an electronic record if a prescribed electronic signature is applied by —

the declarant; and

the court, person acting judicially or prescribed person, as the case may be.(2) Different types of electronic signature may be prescribed in respect of the different categories of persons mentioned in subsection (1).(3) Subsection (1) does not affect any other written law that provides for the type of electronic signature to be used for signing a statutory declaration in the form of an electronic record for the purposes of that written law.(4) In this section, “electronic signature” means an electronic signature that satisfies section 8 of the Electronic Transactions Act 2010.Validation of statutory declarations sworn through live video link or live television link11B.—

This section applies to any statutory declaration purportedly made before the date of commencement of section 3 of the Oaths, Declarations and Notarisations (Remote Methods) Act 2023 (called in this section the appointed date) before a court, person acting judicially or prescribed person through a live video link or live television link, that was not specifically provided under any written law.(2) A statutory declaration mentioned in subsection (1) is taken to have been validly made as if section 11(1A) were in force at the material time, if excluding the prescribed requirements mentioned in section 11(1A), the statutory declaration would have been validly made had it been made on the appointed date; and no legal proceedings may be instituted on or after that date on account of the statutory declaration having been purportedly made through a live video link or live television link.(3) However, a person is not to be punished for an act or omission committed before the appointed date that, but for subsection (2), would not have been an offence.”.