105AWhen is an electronic communication sent and received

#### 105A When is an electronic communication sent and received (1) This section applies in relation to an electronic communication unless otherwise agreed between the originator and the addressee of the electronic communication. (2) An electronic communication is sent: (a) 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 (b) 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—when the electronic communication is received by the addressee. > Note 1: Paragraph (b) would apply to a case where the parties exchange electronic communications through the same information system. > Note 2: The meaning of sent in Chapters 6 and 6A is not affected by this section: see the definition of sent in section 9. (3) Subsection (2) 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 sent under section 105B. (4) An electronic communication is received when the electronic communication becomes capable of being retrieved by the addressee at the addressee’s nominated electronic address. (5) It is to be assumed that an electronic communication is capable of being retrieved by the addressee when it reaches the addressee’s nominated electronic address. (6) Subsection (4) 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 105B.