Electronic Transactions Act · 2008 Revised Edition · Part IV · Electronic Contracts
15. Time and place of dispatch and receipt
Official textFrom Attorney General's Chambers, unchanged
Unless otherwise agreed to between the originator and the addressee, the dispatch of an electronic record occurs when it enters an information system outside the control of the originator or the person who sent the electronic record on behalf of the originator.
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;
Electronic Transactions 19 2008 Ed.
Unless otherwise agreed between the originator and the addressee, the time of receipt of an electronic record is determined as follows —
if the addressee has designated an information system for the purpose of receiving electronic records, receipt occurs —
at the time when the electronic record enters the designated information system; or
if the electronic record is sent to an information system of the addressee that is not the designated information system, at the time when the electronic record is retrieved by the addressee;
if the addressee has not designated such an information system, receipt occurs when the electronic record enters an information system of the addressee.
Subsection (2) shall apply notwithstanding that the place where the information system is located may be different from the place where the electronic record is deemed to be received under subsection (4).
information system
“information system” means a system for generating, sending, receiving, storing or otherwise processing data messages;
Unless otherwise agreed between the originator and the addressee, an electronic record is deemed to be dispatched 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.
For the purposes of this section —
if the originator or the addressee has more than one place of business, the place of business is that which has the closest relationship to the underlying transaction or, where there is no underlying transaction, the principal place of business;
if the originator or the addressee does not have a place of business, reference is to be made to the usual place of residence; and
“usual place of residence” in relation to a body corporate, means the place where it is incorporated or otherwise legally constituted.
This section shall not apply to such circumstances as the Minister may by regulations prescribe.
Electronic Transactions 20 2008 Ed.
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;
information system
Defined · s 2“information system” means a system for generating, sending, receiving, storing or otherwise processing data messages;
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