The above was introduced to and passed by the NSW Parliament 24 March 2020. Its passing was not surprising.
However, the Act did not expressly deal with Legislation with particular execution and witnessing requirements, such as the Powers of Attorney Act 2003 and the Succession Act 2006 to do with making of Powers of Attorney, Wills and the like.
The Act amends the Electronic Transactions Act 2000 to add a new section, in very wide terms, which envisages Regulations under “any relevant Act“ to alter arrangements for signature, execution witnessing, certifications and the like. These proposed regulations can override other legislation.
Thankfully “any relevant Act” includes the Succession Act 2006 and the Powers of Attorney Act 2003.
Regrettably, today (3 April 2020) we still see no relevant Regulation being yet made.
With social distancing and isolation mandates in place, it is imperative
The above was prepared for and is intended to provide a broad general overview of issues. It is not intended, and must not be relied upon, as definitive legal advice.