105BPlace where an electronic communication is sent or received

#### 105B Place where an electronic communication is sent or 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 taken to have been sent: (a) if the addressee is a company or registered scheme and the originator is a member of the company or registered scheme—from the address of the originator as contained on the register of members of the company or registered scheme at the time the communication is sent; and (b) if the originator has a registered office and paragraph (a) does not apply—from the registered office of the originator; and (ba) if the originator has a principal place of business in Australia and neither paragraph (a) nor (b) applies—the address of the originator’s principal place of business in Australia; and (c) otherwise: (i) from the most recent physical address nominated by the originator to the addressee; or (ii) if the originator has not nominated a physical address as mentioned in subparagraph (i)—from the originator’s usual residential address in Australia. (3) An electronic communication is taken to have been received: (a) if the originator is a company or registered scheme and the addressee is a member of the company or registered scheme—at the address of the addressee as contained on the register of members of the company or registered scheme at the time the communication is received; and (b) if the addressee has a registered office and paragraph (a) does not apply—at the registered office of the addressee; and (ba) if the addressee has a principal place of business in Australia and neither paragraph (a) nor (b) applies—the address of the addressee’s principal place of business in Australia; and (c) otherwise: (i) at the most recent physical address nominated by the addressee to the originator; or (ii) if the addressee has not nominated a physical address as mentioned in subparagraph (i)—at the addressee’s usual residential address in Australia.