10ADisapplication of physical presence requirements

1

The following requirements (however expressed) do not apply—

a

a requirement for a relevant person to be physically in the same place as another person when that person—

i

signs or subscribes a document or an alteration of a document,

ii

takes an oath, or

iii

makes an affirmation or declaration,

b

a requirement for another person to be physically in the same place as a relevant person when the relevant person signs or subscribes a document or an alteration of a document.

2

In this section—

• “relevant person” means—

  1. a

     a solicitor,

  2. b

     an advocate,

  3. c

     a notary public,

• “requirement” means a requirement arising from an enactment or rule of law.

3

For the avoidance of doubt—

a

the requirements described by subsection (1)(a) include a requirement that may be fulfilled by the physical presence of a professional of a type not mentioned in the definition of “relevant person” as well as by a professional of a type that is (for example, it includes a requirement for the physical presence of a solicitor or a registered medical practitioner), but

b

subsection (1) only causes such a requirement not to apply in relation to a professional of a type that is mentioned in the definition of “relevant person.