(2) Unless otherwise agreed between the originator and the addressee, or unless proved otherwise,
the time of receipt of an electronic communication is determined as follows: __
(a) if the addressee has designated an information system for the purpose of receiving the
electronic communication, receipt occurs:__
(i) at the time when the electronic communication enters the designated information
system; or
(ii) if the electronic communication is sent to an information system of the addressee
that is not the designated information system, at the time when the electronic
communication is retrieved by the addressee;
(b) if the addressee has not designated an information system, receipt occurs when the
electronic communication enters and information system of the addressee.
(3) Subsection (2) applies notwithstanding that the place where the information system is located
may be different from the place where the electronic communication is deemed to be received under
subsection (4).
(4) Unless otherwise agreed between the originator and the addressee, an electronic
communication is deemed to be dispatched at the place where originator ordinarily resides or has his
place of business, and is deemed to be received at the place where the addressee ordinarily resides or
has his place of business.
(5) For the purpose of this section:___
(a) if the originator or the addressee has more than one place of business, the place of
business is that which has the closest relationship to the underlying transaction or, where
there is no underlying transaction, the principal place of business;
(b) if the originator or the addressee does not have a place of business, reference is to be
made to the usual place of residence ; and
(c) "usual place of residence" in relation to a body corporate, means the place where it is
incorporated or otherwise legally constituted.
16. Electronic documentation of appropriate authority.(1) Nothing contained hereinbefore
shall confer a right upon any person that any appropriate authority should accept, issue, create, retain,
preserve any document in electronic form or effect monetary transaction in electronic form.
(2) Any appropriate authority pursuant to any law or procedure : ___
(a) accepts the filing of documents, or requires that documents be created or retained;
(b) issues any permit, certificate, licence or approval; or
Page 9 of 21