Electronic Communications Act 2000

For the purposes of a law of this jurisdiction, unless otherwise agreed between the originator and the addressee of an electronic communication, the time of transmission of the electronic communication is—

the time when the electronic communication leaves an information system under the control of the originator or of the party who sent it on behalf of the originator; or

if the electronic communication has not left an information system under the control of the originator or of the party who sent it on behalf of the originator—the time when the electronic communication is received by the addressee.

[Note: NoteParagraph (b) would apply to a case where the parties exchange electronic communications through the same information system.]

Subsection (1) applies even though the place where the information system supporting an electronic address is located may be different from the place where the electronic communication is taken to have been transmitted under section 13B.