Don’t Touch My Pen! Social Distancing & Signing Affidavits & Transactional Documents

  • COVID-19
  • Published 31.03.2020

The New South Wales Legislative Council and Legislative Assembly passed the COVID-19 Legislations Amendment (Emergency Measures) Act 2020 (NSW) (the ‘Act’) on 24 March 2020 which was assented to on 25 March 2020.

The Act introduces amendments to a number of NSW Acts in order to implement emergency measures as a result of the COVID-19 pandemic.

Under the Act, regulations may now be made under the Electronic Transactions Act 2000 to permit altered arrangements for the signing, witnessing and attestation of documents. It is expected that these regulations will address the execution of documents under the following acts:

  • Oaths Act 1900
  • Guardianship Act 1987
  • Succession Act 2006
  • Powers of Attorney Act 2003
  • Conveyancing Act 1919

The regulations, once made, will expire 6 months after they commence, unless earlier resolved by Parliament.

A further TurkAlert will follow once the regulations under the Electronic Transactions Act 2000 have been enacted.

Fiona Reynolds

Partner

P: 02 8257 5751

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