Section No
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IV. ATTRIBUTION,
ACKNOWLEDGMENT AND DISPATCH OF ELECTRONIC RECORDS |
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IV |
11 |
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Attribution of
Electronic Records |
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An electronic
record shall be attributed to the originator |
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(a) |
if it was sent
by the originator himself; |
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(b) |
by a person who
had the authority to act on behalf of the originator
in respect of that electronic record; or |
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(c) |
by an
information system programmed by or on behalf of the
originator to operate automatically. |
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12 |
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Acknowledgement of
Receipt (Modified by ITAA 2008) |
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(1) |
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Where the originator
has not agreed with stipulated that the
acknowledgment of receipt of electronic record be given in a
particular form or by a particular method, an acknowledgment may
be given by -
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(a) |
any
communication by the addressee, automated or otherwise;
or |
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(b) |
any conduct of
the addressee, sufficient to indicate to the originator
that the electronic record has been received. |
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(2) |
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Where the originator
has stipulated that the electronic record shall be binding only
on receipt of an acknowledgment of such electronic record by
him, then unless acknowledgment has been so received, the
electronic record shall be deemed to have been never sent by the
originator. |
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(3) |
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Where the originator
has not stipulated that the electronic record shall be binding
only on receipt of such acknowledgment, and the acknowledgment
has not been received by the originator within the time
specified or agreed or, if no time has been specified or agreed
to within a reasonable time, then the originator may give notice
to the addressee stating that no acknowledgment has been
received by him and specifying a reasonable time by which the
acknowledgment must be received by him and if no acknowledgment
is received within the aforesaid time limit he may after giving
notice to the addressee, treat the electronic record as though
it has never been sent.
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13 |
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Time and place of
despatch and receipt of electronic record |
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(1) |
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Save as otherwise
agreed to between the originator and the addressee, the dispatch
of an electronic record occurs when it enters a computer
resource outside the control of the originator. |
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(2) |
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Save as otherwise
agreed between the originator and the addressee, the time of
receipt of an electronic record shall be determined as follows,
namely -
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(a) |
if the
addressee has designated a computer resource for the
purpose of receiving electronic records
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(i) |
receipt
occurs at the time when the electronic record
enters the designated computer resource; or |
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(ii) |
if the
electronic record is sent to a computer resource
of the addressee that is not the designated
computer resource, receipt occurs at the time
when the electronic record is retrieved by the
addressee; |
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(b) |
if the
addressee has not designated a computer resource along
with specified timings, if any, receipt occurs when
the electronic record enters the computer resource of
the addressee. |
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(3) |
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Save as otherwise
agreed between the originator and the addressee, an electronic
record is deemed to "be dispatched at the place where the
originator has his place of business, and is deemed to be
received at the place where the addressee has his place of
business. |
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(4) |
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The provisions of
sub-section (2) shall apply notwithstanding that the place where
the computer resource is located may be different from the place
where the electronic record is deemed to have been received
under sub-section (3). |
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(5) |
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For the purposes of
this section -
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(a) |
if the
originator or the addressee has more than one place of
business, the principal place of business shall be the
place of business; |
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(b) |
if the
originator or the addressee does not have a place of
business, his usual place of residence shall be deemed
to be the place of business; |
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(c) |
"Usual Place of
Residence", in relation to a body corporate, means the
place where it is registered. |
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