Commonwealth Consolidated Acts

ELECTRONIC TRANSACTIONS ACT 1999 - SECT 14

Time of dispatch

             (1)  For the purposes of a law of the Commonwealth, if an electronic communication enters a single information system outside the control of the originator, then, unless otherwise agreed between the originator and the addressee of the electronic communication, the dispatch of the electronic communication occurs when it enters that information system.

             (2)  For the purposes of a law of the Commonwealth, if an electronic communication enters successively 2 or more information systems outside the control of the originator, then, unless otherwise agreed between the originator and the addressee of the electronic communication, the dispatch of the electronic communication occurs when it enters the first of those information systems.

Time of receipt

             (3)  For the purposes of a law of the Commonwealth, if the addressee of an electronic communication has designated an information system for the purpose of receiving electronic communications, then, unless otherwise agreed between the originator and the addressee of the electronic communication, the time of receipt of the electronic communication is the time when the electronic communication enters that information system.

             (4)  For the purposes of a law of the Commonwealth, if the addressee of an electronic communication has not designated an information system for the purpose of receiving electronic communications, then, unless otherwise agreed between the originator and the addressee of the electronic communication, the time of receipt of the electronic communication is the time when the electronic communication comes to the attention of the addressee.

Place of dispatch and receipt

             (5)  For the purposes of a law of the Commonwealth, unless otherwise agreed between the originator and the addressee of an electronic communication:

                     (a)  the electronic communication is taken to have been dispatched at the place where the originator has its place of business; and

                     (b)  the electronic communication is taken to have been received at the place where the addressee has its place of business.

             (6)  For the purposes of the application of subsection (5) to an electronic communication:

                     (a)  if the originator or addressee has more than one place of business, and one of those places has a closer relationship to the underlying transaction--it is to be assumed that that place of business is the originator's or addressee's only place of business; and

                     (b)  if the originator or addressee has more than one place of business, but paragraph (a) does not apply--it is to be assumed that the originator's or addressee's principal place of business is the originator's or addressee's only place of business; and

                     (c)  if the originator or addressee does not have a place of business--it is to be assumed that the originator's or addressee's place of business is the place where the originator or addressee ordinarily resides.

Exemptions

             (7)  The regulations may provide that this section does not apply to a specified electronic communication.

             (8)  The regulations may provide that this section does not apply to a specified law of the Commonwealth.