Victorian Consolidated Legislation

Electronic Transactions (Victoria) Act 2000 - SECT 13

Time and place of dispatch and receipt of electronic communications

13. 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 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.

(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.