South Australian Consolidated Acts South Australian Consolidated Acts13—Time and place of dispatch and receipt of electronic communications
(1) For the purposes
of a law of this jurisdiction, 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 this jurisdiction, if an electronic communication enters
successively two 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.
(3) For the purposes
of a law of this jurisdiction, 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 this jurisdiction, 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.
(5) For the purposes
of a law of this jurisdiction, unless otherwise agreed between the originator
and the addressee of an electronic communication—
(a) the
electronic communication is taken to have been dispatched from the
originator's place of business; and
(b) the
electronic communication is taken to have been received at the addressee's
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.
(7) The regulations
may provide that this section does not apply to a specified
electronic communication or specified class of electronic communications.
(8) The regulations
may provide that this section does not apply to a specified
law of this jurisdiction.