LAWS OF BRUNEI
2008 Ed.
Electronic Transactions
CAP. 196
19
(2) Unless otherwise agreed between the originator and the
addressee, the time of receipt of an electronic record is determined as
follows —
(a) if the addressee has designated an information system for
the purpose of receiving electronic records, receipt occurs —
(i) at the time when the electronic record enters the
designated information system; or
(ii) if the electronic record is sent to an information system
of the addressee that is not the designated information
system, at the time when the electronic record is
retrieved by the addressee;
(b) if the addressee has not designated such an information
system, receipt occurs when the electronic record enters an
information system of the addressee.
(3) Subsection (2) shall apply notwithstanding that the place where
the information system is located may be different from the place where the
electronic record is deemed to be received under subsection (4).
(4) Unless otherwise agreed between the originator and the
addressee, an electronic record is deemed to be dispatched at the place where
the originator has its place of business, and is deemed to be received at the
place where the addressee has its place of business.
(5) For the purposes 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.
(6) This section shall not apply to such circumstances as the Minister
may by regulations prescribe.
B.L.R.O. 4/2008