(1) Unless otherwise agreed between the originator and the addressee of an
electronic communication, the time of dispatch of the electronic communication
is—
(a) the time when the electronic communication 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 the electronic communication is
received by the addressee.
(2) Subsection (1) applies even though the place
the information system supporting an electronic address is located may be
different from the place the electronic communication is taken to have been
dispatched under section 25.
