Act 8

Electronic Transactions Act

2011

15. Time of dispatch of data message.
(1) Subject to an agreement to the contrary, where a data message
enters a single information system outside the control of the person
originating the data message or a person who sent the message on behalf
of the person originating the message, the dispatch of the message
occurs when the data message enters the information system.

(2) Where a data message successively enters two or more
information systems outside the control of the person originating the
data message, unless otherwise agreed between the person originating
the message and the addressee, the dispatch of the message occurs
when the data message enters the first of the information systems.

16. Time of receipt of data message.
(1) Unless otherwise agreed between the person originating the
data message and the addressee, the time of receipt of a data message
is determined where the addressee designates an information system
for receiving a data message the receipt of a data message occurs—

(a) at the time when the data message enters the designated
information system; or
(b) if the data message is sent to an information system of the
addressee which is not the designated information system,
at the time when the data message is received by the
addressee.

(2) Where the addressee has not designated an information
system, receipt occurs when the data message enters an information
system of the addressee.

(3) Subsections (1) and (2) shall apply notwithstanding that the
place where the information system is located is different from the
place where the data message is received under section 17.

17. Place of dispatch or receipt.
(1) Unless otherwise agreed by the person originating a data
message and the addressee, a data message is deemed to have been—
16

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