processing system, at the time when the electronic record is
retrieved by the addressee; or
(b)
where the addressee has not designated an information processing system,
occur when the electronic record enters an information processing system
that the addressee uses for the purpose of receiving electronic records or
information of the type sent from which the addressee is able to retrieve the
electronic record or information.
(3)
Subsection (2) shall apply notwithstanding that the place where the information
processing system is located may be different from the place where the electronic
record is deemed to be received under subsection (4).
(4)
Unless otherwise agreed between the originator and the addressee, an electronic
record is deemed to be sent from the place where the originator has his place of
business, and is deemed to be received at the p lace where the addressee has his
place of business.
(5)
For the purposes of this section (a)
where the originator or the addressee has more than one place of business,
the place of business is that which has the closest relationship to the
underlying transaction or, where there is no underlying transaction, the
principal place of business;
(b)
where the originator or the addressee does not have a place of business,
reference is to be made to the usual place of residence; and
(c)
"usual place of residence", in relation to a body corporate, means the place
where it is incorporated or otherwise legally registered.
PART V - SECURE ELECTRONIC RECORDS AND SIGNATURES
15.
Secure electronic records
(1)
Where a prescribed security procedure, or a commercially reasonable security
procedure agreed to by the parties involved, has been properly applied to an
electronic record to verify that the electronic record has not been altered since a
specified point in time, the record shall be treated as a secure electronic record
from such specified point in time to the time of verification.
(2)
For the purposes, of this section and section 16, whether a security procedure is
commercially reasonable shall be determined having regard to the purposes of the
procedure and the commercial circumstances at the time the procedure was used,
including (a)
the nature of the transaction;
(b)
the sophistication of the parties;
(c)
the volume of similar transactions engaged in by