Electronic-record presumption permits inference of authorised electronic signatures on five-year-old records maintained in proper custody. Section 90A establishes a discretionary evidentiary presumption for electronic records that purport or are proved to be five years old and are produced ... Summary
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Electronic-record presumption permits inference of authorised electronic signatures on five-year-old records maintained in proper custody.
Section 90A establishes a discretionary evidentiary presumption for electronic records that purport or are proved to be five years old and are produced from custody considered proper in the circumstances. Once those conditions are met, the Court may presume that an electronic signature appearing to be that of a particular person was affixed by that person or an authorised person. The presumption is permissive rather than mandatory.
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