Presumption for aged electronic records permits inference of authorised electronic signatures when records are produced from proper custody.

Section 90A permits a discretionary presumption regarding an electronic signature on an electronic record that is at least five years old and produced from proper custody. The signature may be presumed to have been affixed by the person it purports to identify or by an authorised person. Proper custody generally means custody with the person and at the place where the record would naturally be found, while custody with a legitimate or probable origin is not improper. The custody explanation also applies to electronic records under section 81A.

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