(a)
a person who has the authority to act on behalf of the
originator in respect of that electronic message; or
(b)
an information processing system programmed by, or on
behalf of, the originator to operate automatically.
(3)
As between the originator and the addressee, an addressee is
entitled to regard an electronic message as being that of the originator, and to
act on that presumption, if –
(a)
the addressee properly applies an authentication method
agreed between the originator and the addressee for
ascertaining whether the electronic message was that of the
originator; or
(b)
the electronic message as received by the addressee
resulted from the actions of a person whose relationship
with the originator or any agent of the originator enabled
that person to gain access to an authentication method
used by the originator to identify electronic message as its
own.
(4)
Subsection (3) does not apply if –
(a)
the addressee has received a notice from the originator that
the electronic message is not that of the originator and has
reasonable time to act accordingly; or
(b)
the addressee knew or should have known that the
electronic message was not that of the originator had he
exercised reasonable care or used any authentication
method agreed between the originator and the addressee.
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