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Signing of electronic documents

Criminal Procedure Code (Electronic Filing and Service for State Courts and Youth Courts) Regulations 2013

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) Where any application or document is filed, served, delivered or conveyed using the electronic filing service, any requirement under the Code relating to the signing by, or the signature of, an authorised user or an authorised agent of an authorised user, shall be deemed to be complied with if the identification code of the authorised user or authorised agent has been applied to or associated with, directly or indirectly, the application or document or the transmission containing the application or document.(2) For the purposes of paragraph (1) —(a)where the identification code of an authorised user is applied to or associated with, directly or indirectly, any application or document, or any transmission containing any application or document, which is in compliance with the security procedures of the electronic filing service —(i)the application or document shall be deemed to be signed by the authorised user; and(ii)the contents of the application or document shall be deemed to be endorsed by the authorised user; or(b)where the identification code of an authorised agent of an authorised user is applied to or associated with, directly or indirectly, any application or document, or any transmission containing any application or document, which is in compliance with the security procedures of the electronic filing service —(i)the application or document shall be deemed to be signed by the authorised agent on behalf and with the authority of the authorised user; and(ii)the contents of the application or document shall be deemed to be endorsed by that authorised user.(3) For the avoidance of doubt, the application or association of the identification code of an authorised user or an authorised agent of an authorised user, directly or indirectly, to or with any application or document, or any transmission containing any application or document, which is in compliance with the security procedures of the electronic filing service shall be treated as a secure electronic signature within the meaning of the Electronic Transactions Act (Cap. 88).

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