19. Sending and receiving electronic records
(1) Unless otherwise agreed between the originator and the addressee of an electronic record, an electronic record is sent when it is accepted by an information system outside the control of the originator or of the person who sent the electronic record on behalf of the originator.
(2) Unless otherwise agreed between the originator and the addressee of an electronic record, 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 is accepted by 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 comes to the knowledge of the addressee;
- (b) if the addressee has not designated an information system, receipt occurs when the electronic record comes to the knowledge of the addressee.
(3) Subsections (1) and (2) apply notwithstanding that the place where the information system is located is different from the place where the electronic record is taken to have been sent or received under subsection (4).
(4) Unless otherwise agreed between the originator and the addressee, an electronic record is taken to have been—
- (a) sent at the place of business of the originator; and
- (b) received at the place of business of the addressee.
(5) For the purposes of subsection (4)—
- (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 of the originator or the addressee, as the case may be;
- (b) if the originator or the addressee does not have a place of business, the place of business is the place where the originator or the addressee ordinarily resides.
(6) Where the originator and the addressee are in different time zones, time refers to Universal Standard Time.
