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
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(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—
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(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.
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(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.
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