No.13
Electronic Transactions
2015
15
was not, the fact of its not operating properly did
not affect the integrity of an electronic record
and there are no other reasonable grounds on
which to doubt the authenticity of the electronic
records system;
(b) it is established that the electronic record was
recorded or stored by a party to the proceedings
who is adverse in interest to the party seeking to
introduce it; or
(c) it is established that an electronic record was
recorded or stored in the usual and ordinary
course of business by a person who is not a party
to the proceedings and who did not record or
store it under the control of the party seeking to
introduce the record.
(4) For purposes of determining whether an
electronic record is admissible under this section, an
evidence may be presented in respect of any set standard,
procedure, usage or practice on how electronic records are
to be recorded or stored, with regard to the type of business
or endeavours that used, recorded or stored the electronic
record and the nature and purpose of the electronic record.
Attribution of
electronic
communication
19. An electronic communication shall be treated to
be from originator if it is sent by(a) the originator;
(b) a person who is duly authorised by the originator
to communicate in electronic form in respect of
that data message; or
(c) computer system programmed by or on behalf of
the originator to operate automatically.
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