146 No. 4 of 2021] Electronic Communications and Transactions Dispatch of electronic record 15. Unless otherwise agreed 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 agent of the originator. Receipt of electronic record 16. The time of receipt of an electronic record shall be determined as follows: (a) where the addressee designates an information system for the purpose of receiving electronic records, receipt occurs at the time when the electronic record enters the designated information system; or 5 10 (b) where the addressee does not designate an information system, receipt occurs when the electronic record enters an information system of the addressee through which the addressee retrieves the electronic record. Expression of intent or other statement 17. An expression of intent or other electronic representation of an electronic record between the originator and the addressee of an electronic record is admissible in circumstances where the intent or other electronic representation is relevant at law. Attribution of electronic records to originator 18. (1) An electronic record is considered to be that of the originator if it was sent by— 15 20 (a) the originator personally; (b) a person who has authority to act on behalf of the originator in respect of that electronic record; or (c) an information system programmed by or on behalf of the originator to operate automatically, unless it is proved that the information system did not properly execute the programme. 25 (2) An addressee is entitled to regard an electronic record as being that of the originator and to act on that assumption, if— (a) the addressee properly applied a procedure previously agreed with the originator in order to ascertain whether the electronic record was that of the originator; or (b) the electronic record received by the addressee resulted from the actions of a person whose relationship with the originator or with an agent of the originator enabled that person to gain access to a method used by the originator to identify an electronic record as the originator’s own. 30 35

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