The short answer
Yes for companies, everywhere in Australia. Yes for individuals in New South Wales, Victoria, Queensland and (since January 2026) South Australia. For individuals in Western Australia, Tasmania, the ACT and the Northern Territory, a wet-ink deed signed in front of a witness is still the safe choice.
Where a witness is needed, the rules on how they witness differ by state. Here is the summary, with the detail below.
| Who is signing | Can sign electronically? | Witness needed? |
|---|---|---|
| Australian company (s127) | Yes | No |
| Individual - NSW | Yes | Yes - in person or by audio-visual link |
| Individual - Victoria | Yes | Not required by the deeds rules |
| Individual - Queensland | Yes | Not required by the deeds rules |
| Individual - South Australia | Yes, since 15 January 2026 | Yes - treat as in person |
| Individual - WA, Tas, ACT, NT | No express rule - use wet ink | Yes (NT: see below) |
Why deeds are different from contracts
A contract needs consideration - each side gives something. A deed does not. It binds the person who signs it because of the formal way it is made, which is why deeds are used for guarantees, releases, deeds of variation, trust deeds and many property documents.
Historically a deed had to be written on paper, then "signed, sealed and delivered", and an individual's signature usually had to be witnessed. Those formalities still live in each state's property law.
The Electronic Transactions Act 1999 (Cth) and its state equivalents make electronic signatures valid for most everyday documents - see our guide to whether electronic signatures are legal in Australia. But those Acts do not on their own override the paper, seal and witness rules for deeds. That is why deeds needed their own changes, state by state, and why the answer still depends on who is signing and where.
Companies: signing under section 127
Companies have the clearest rules. Since February 2022, the Corporations Act 2001 (Cth) has permanently allowed a company to execute documents, including deeds, electronically under section 127 (see legislation.gov.au). The company signs by:
- two directors, or
- a director and a company secretary, or
- the sole director of a proprietary company (who is also the sole secretary, or there is no secretary).
Under section 110A, the electronic method must identify each person and show their intention to sign. Officers can sign separate copies (split execution), and they do not need to be in the same place. No witness is needed, and the deed does not have to be on paper.
Signing a deed for a company under a power of attorney or as an agent has its own rules, so get advice if that is your situation.
Individuals: state-by-state rules
For individuals (including sole traders and trustees signing in their own name), the law of the state that governs the deed decides. The deed usually says which state's law applies.
New South Wales
Conveyancing Act 1919 (NSW) ss 38 and 38A; Electronic Transactions Act 2000 (NSW) Part 2B - legislation.nsw.gov.au
Section 38A lets a deed be created, signed and attested electronically. An individual's deed still needs at least one witness who is not a party. Part 2B, made permanent in 2021, lets that witness attend by audio-visual link if they follow its steps.
Victoria
Electronic Transactions (Victoria) Act 2000 s 12A; Property Law Act 1958 (Vic) s 73 - legislation.vic.gov.au
Since April 2021, deeds can be created in electronic form and signed, sealed and delivered electronically. The deeds rules do not require an individual's signature to be witnessed, although some parties still ask for one.
Queensland
Property Law Act 2023 (Qld) ss 50 and 51 - legislation.qld.gov.au
The 2023 Act replaced the Property Law Act 1974 from 1 August 2025 and carries over the electronic deed rules. An individual can sign a deed electronically with or without a witness. General and enduring powers of attorney have their own stricter rules.
South Australia
Law of Property Act 1936 (SA) s 41 - legislation.sa.gov.au
From 15 January 2026, new s 41(1)(d) allows a deed to be signed electronically. A natural person's deed must still be witnessed by at least one non-party, and the current view is that the witness should be physically present. Remote witnessing is a grey area, so check with your lawyer.
Western Australia
Property Law Act 1969 (WA) s 9 - legislation.wa.gov.au
No express provision for individuals to sign deeds electronically, and a non-party witness is required. Wet ink with a witness in the room is the safe choice. Check with your lawyer.
Tasmania
Conveyancing and Law of Property Act 1884 (Tas) s 63 - legislation.tas.gov.au
No express provision for individuals to sign deeds electronically, and a non-party witness is required. Use wet ink. Check with your lawyer.
Australian Capital Territory
Civil Law (Property) Act 2006 (ACT) s 219 - legislation.act.gov.au
An individual's deed must be signed, sealed and attested by a witness, with no express electronic option. Use wet ink. Check with your lawyer.
Northern Territory
Law of Property Act 2000 (NT) s 47 - legislation.nt.gov.au
A deed signed and attested by a non-party witness is taken to be duly executed. There is no express electronic option, so wet ink with a witness is the safe choice. Check with your lawyer.
Witnessing a deed electronically
Where a witness is required, there are two ways to do it with an electronic deed.
In person
The witness is in the room, watches the signer sign on screen, then signs as witness straight after. This works in every state that allows electronic deeds, and it is the safe option in South Australia.
By audio-visual link (NSW)
The witness watches the signing live over a video call, then signs the same document or a copy, and notes that it was witnessed by audio-visual link under Part 2B of the Electronic Transactions Act 2000 (NSW).
For audio-visual witnessing in NSW, the witness should:
- see the signer sign in real time, not a recording
- be satisfied the document they sign is the same one the signer signed
- sign the document or a copy, and add a note that it was witnessed by audio-visual link
Documents that still need wet ink
Even where a deed can be signed electronically, some documents follow separate rules:
- Land title dealings. Transfers, mortgages and other dealings lodged with a land titles office follow the land titles legislation. Most now go through electronic conveyancing (such as PEXA) rather than a signed PDF.
- Wills. Each state has its own witnessing rules for wills, and in most states a will is still signed on paper.
- Powers of attorney. General and enduring powers of attorney have their own forms and witnessing rules in each state, and usually need wet ink.
- Anything a bank, registry or the other side insists on. The law may allow an electronic deed, but if the receiving party will not accept one, you still need their version.
How to sign a deed with AirSign
When electronic signing is allowed, AirSign can run the whole signing and witnessing process. The eWitness recipient is available on the Business plan and above.
Upload the deed and add the signers
Add each party as a recipient and place their signature fields. For a company signing under section 127, add both officers (or the sole director).
Add an eWitness for any individual who needs one
The witness signs after the person they are witnessing. Choose in person, so they sign on the same device straight after the signer, or remote, so they get their own link by email or SMS. AirSign does not run the video call, so for NSW audio-visual witnessing use your usual video call tool alongside it.
Set the signing order
Give each recipient a place in the signing order so the deed moves from party to party in the sequence you want.
Keep the completed deed and audit certificate
Once everyone has signed, keep the completed PDF together with its audit certificate, which records who signed and witnessed, and when.
For a walkthrough of recipient types, see adding recipients and roles, or read more about witnessing and nominated signers in AirSign.
Checklist before you send a deed
- Who is signing? A company under section 127, an individual, or someone signing under a power of attorney.
- Which state's law applies? Check the governing law clause and where each party is.
- Is a witness needed, and how? In person, by audio-visual link, or not at all.
- Will it be accepted? Confirm the other party, bank or registry will take an electronically signed deed.
- Is it a document with its own rules? Land dealings, wills and powers of attorney usually are.
This is general information, not legal advice. The law on deeds changes and depends on your circumstances. Check with a lawyer for your specific deed.