Western Australian Consolidated Acts

ELECTRONIC TRANSACTIONS ACT 2003 - SECT 13

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 receipt of 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;

            (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.