Electronic Transactions Act 2010 · 2020 Revised Edition · Part 2 · Electronic Records, Signatures and Contracts
13. Time and place of despatch and receipt
Feedback & supportLast amended by an amending law of 2021.
The time of despatch of an electronic communication is —
electronic communication
“electronic communication” means any communication that the parties make by means of electronic records;
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
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.
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.
electronic
“electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities;
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.
addressee
“addressee”, in relation to an electronic communication, means a party who is intended by the originator to receive the electronic communication, but does not include a party acting as an intermediary with respect to that electronic communication;
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.
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.
originator
“originator”, in relation to an electronic communication, means a party by whom, or on whose behalf, the electronic communication has been sent or generated prior to storage (if any) but does not include a party acting as an intermediary with respect to that electronic communication;
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).
information system
“information system” means a system for generating, sending, receiving, storing or otherwise processing electronic records;