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In forceAmended2020 Revised Edition

Part 2 · Electronic Records, Signatures and Contracts

13. Time and place of despatch and receipt

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Amended

Last amended by an amending law of 2021.

(1)

The time of despatch of an electronic communication is —

(a)

the time when it leaves an information system under the control of the originator or of the party who sent it on behalf of the originator; or

(b)

if the electronic communication has not left an information system under the control of the originator or of the party who sent it on behalf of the originator, the time when the electronic communication is received.

(2)

The time of receipt of an electronic communication is the time when the electronic communication becomes capable of being retrieved by the addressee at an electronic address designated by the addressee.

(3)

The time of receipt of an electronic communication at an electronic address that has not been designated by the addressee is the time when the electronic communication becomes capable of being retrieved by the addressee at that address and the addressee becomes aware that the electronic communication has been sent to that address.

(4)

For the purposes of subsections (2) and (3), an electronic communication is presumed to be capable of being retrieved by the addressee when it reaches the electronic address of the addressee.

(5)

An electronic communication is deemed to be despatched at the place where the originator has its place of business and is deemed to be received at the place where the addressee has its place of business.

(6)

Subsections (2), (3) and (4) apply even though the place where the information system supporting an electronic address is located may be different from the place where the electronic communication is deemed to be received under subsection (5).

Report

Part 2A

Electronic Transferable Records

Part 3

Secure Electronic Records and Signatures

Part 4

Regulation of Specified Security Procedures and Specified Security Procedure Providers

Part 5

Use of Electronic Records and Signatures by Public Agencies

Part 6

Liability of Network Service Providers

Part 7

General

Schedules