LAWS OF BRUNEI
18
CAP. 196
Electronic Transactions
2008 Ed.
(3) Where the originator has stated that the electronic record is
conditional on receipt of the acknowledgement, the electronic record shall be
treated as though it had never been sent, until the acknowledgement is
received.
(4) Where the originator has not stated that the electronic record is
conditional on receipt of the acknowledgement, and the acknowledgement
has not been received by the originator within the time, specified or agreed
or, if no time has been specified or agreed within a reasonable time, the
originator —
(a) may give notice to the addressee stating that no
acknowledgement has been received and specifying a reasonable time
by which the acknowledgement must be received; and
(b) if the acknowledgement is not received within the time
specified in paragraph (a), may, upon notice to the addressee, treat the
electronic record as though it has never been sent, or exercise any
other rights it may have.
(5) Where the originator receives the addressee’s acknowledgement
of receipt, it is presumed, unless evidence to the contrary is adduced, that the
related electronic record was received by the addressee, but that presumption
does not imply that the content of the electronic record corresponds to the
content of the record received.
(6) Where the received acknowledgement states that the related
electronic record meets technical requirements, either agreed upon or set
forth in applicable standards, it is presumed, unless evidence to the contrary
is adduced, that those requirements have been met.
(7) Except in so far as it relates to the sending or receipt of the
electronic record, this Part is not intended to deal with the legal
consequences that may flow either from that electronic record or from the
acknowledgement of its receipt.
Time and place of dispatch and receipt.
15.
(1) Unless otherwise agreed to between the originator and the
addressee, the dispatch of an electronic record occurs when it enters an
information system outside the control of the originator or the person who
sent the electronic record on behalf of the originator.