5HWhen a communication is accessible to the intended recipient

5H When a communication is accessible to the intended recipient

(1) For the purposes of this Act, a communication is accessible to its intended recipient if it: (a) has been received by the telecommunications service provided to the intended recipient; or (b) is under the control of the intended recipient; or (c) has been delivered to the telecommunications service provided to the intended recipient. (2) Subsection (1) does not limit the circumstances in which a communication may be taken to be accessible to its intended recipient for the purposes of this Act.