sec.233Electronic communication

### sec.233 Electronic communication This section applies if the person has designated an electronic address for receiving the document. The document may be served on the person by an electronic communication to the electronic address. The electronic communication must— attach the document in the form required by the Act , agreement or other document relating to property; or include the content of the document, as required by the Act , agreement or other document relating to property; or include an electronic link that allows the person to view and obtain a copy of the document mentioned in paragraph (a) , or the content mentioned in paragraph (b) , for a reasonable period. The time of receipt of the electronic communication is taken to be— if the communication is sent before 5p.m. on a business day—the business day; or if the communication is sent after 5p.m. on a business day—9a.m. on the next business day; or if the communication is sent on a day other than a business day—9a.m. on the next business day. However, subsection (4) — is subject to any agreement to the contrary; and does not apply if the actual time the electronic communication became capable of being retrieved by the person at the electronic address designated by the person is proven. To remove any doubt, it is declared that subsection (3) (c) is satisfied whether or not the person is required to take another step, including, for example, accepting terms and conditions of the electronic link, to access, and obtain a copy of, the document mentioned in subsection (3) (a) , or the content mentioned in subsection (3) (b) . (sec.233-ssec.1) This section applies if the person has designated an electronic address for receiving the document. (sec.233-ssec.2) The document may be served on the person by an electronic communication to the electronic address. (sec.233-ssec.3) The electronic communication must— attach the document in the form required by the Act , agreement or other document relating to property; or include the content of the document, as required by the Act , agreement or other document relating to property; or include an electronic link that allows the person to view and obtain a copy of the document mentioned in paragraph (a) , or the content mentioned in paragraph (b) , for a reasonable period. (sec.233-ssec.4) The time of receipt of the electronic communication is taken to be— if the communication is sent before 5p.m. on a business day—the business day; or if the communication is sent after 5p.m. on a business day—9a.m. on the next business day; or if the communication is sent on a day other than a business day—9a.m. on the next business day. (sec.233-ssec.5) However, subsection (4) — is subject to any agreement to the contrary; and does not apply if the actual time the electronic communication became capable of being retrieved by the person at the electronic address designated by the person is proven. (sec.233-ssec.6) To remove any doubt, it is declared that subsection (3) (c) is satisfied whether or not the person is required to take another step, including, for example, accepting terms and conditions of the electronic link, to access, and obtain a copy of, the document mentioned in subsection (3) (a) , or the content mentioned in subsection (3) (b) . - (a) attach the document in the form required by the Act , agreement or other document relating to property; or - (b) include the content of the document, as required by the Act , agreement or other document relating to property; or - (c) include an electronic link that allows the person to view and obtain a copy of the document mentioned in paragraph (a) , or the content mentioned in paragraph (b) , for a reasonable period. - (a) if the communication is sent before 5p.m. on a business day—the business day; or - (b) if the communication is sent after 5p.m. on a business day—9a.m. on the next business day; or - (c) if the communication is sent on a day other than a business day—9a.m. on the next business day. - (a) is subject to any agreement to the contrary; and - (b) does not apply if the actual time the electronic communication became capable of being retrieved by the person at the electronic address designated by the person is proven.