Electronic Transactions Act · 2008 Revised Edition · Part IV · Electronic Contracts
14. Acknowledgement of receipt
Official textFrom Attorney General's Chambers, unchanged
Subsections (2), (3) and (4) shall apply where, on or before sending an electronic record, or by means of that electronic record, the originator has requested or has agreed with the addressee that receipt of the electronic record be acknowledged.
electronic record
“electronic record” means a record generated, communicated, received or stored by electronic, magnetic, optical or other means in an information system or for transmission from one information system to another;
Where the originator has not agreed with the addressee that the acknowledgement be given in a particular form or by a particular method, an acknowledgement may be given by —
any communication by the addressee, automated or otherwise; or
any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received.
Electronic Transactions 18 2008 Ed.
Where the originator has stated that the electronic record is conditional on receipt of the acknowledgement, the electronic record shall be treated as though it had never been sent, until the acknowledgement is received.
Where the originator has not stated that the electronic record is conditional on receipt of the acknowledgement, and the acknowledgement has not been received by the originator within the time, specified or agreed or, if no time has been specified or agreed within a reasonable time, the originator —
may give notice to the addressee stating that no acknowledgement has been received and specifying a reasonable time by which the acknowledgement must be received; and
if the acknowledgement is not received within the time specified in paragraph (a), may, upon notice to the addressee, treat the electronic record as though it has never been sent, or exercise any other rights it may have.
Where the originator receives the addressee’s acknowledgement of receipt, it is presumed, unless evidence to the contrary is adduced, that the related electronic record was received by the addressee, but that presumption does not imply that the content of the electronic record corresponds to the content of the record received.
record
“record” means information that is inscribed, stored or otherwise fixed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
Where the received acknowledgement states that the related electronic record meets technical requirements, either agreed upon or set forth in applicable standards, it is presumed, unless evidence to the contrary is adduced, that those requirements have been met.
Except in so far as it relates to the sending or receipt of the electronic record, this Part is not intended to deal with the legal consequences that may flow either from that electronic record or from the acknowledgement of its receipt.
Terms defined in s 2
electronic record
Defined · s 2“electronic record” means a record generated, communicated, received or stored by electronic, magnetic, optical or other means in an information system or for transmission from one information system to another;
record
Defined · s 2“record” means information that is inscribed, stored or otherwise fixed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
Part V
Secure Electronic Records and Signatures
Part VI
Effect of Digital Signatures
Part VII
General Duties Relating to Digital Signatures
Part VIII
Duties of Certification Authorities
Part IX
Duties of Subscribers
Part XI
Government Use of Electronic Records and Signatures
Part XII