Electronic Transactions Act 2011

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 receipt of the electronic communication is the time when the electronic communication becomes capable of being retrieved by the addressee at an electronic address designated by the addressee; or

the time of receipt of the electronic communication at another electronic address of the addressee is the time when both —

the electronic communication has become capable of being retrieved by the addressee at that address; and

the addressee has become aware that the electronic communication has been sent to that address.

For the purposes of subsection (1), unless otherwise agreed between the originator and the addressee of the electronic communication, it is to be assumed that the electronic communication is capable of being retrieved by the addressee when it reaches the addressee’s electronic address.

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 received under section 15.