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3. Provision of Information in writing and presentation of Electronic Records

(1) If parties have agreed to conduct a transaction by Electronic means or an Enactment requires a person to provide, send, or deliver Information in writing to another person, the requirement is satisfied if the Information is provided, sent, or delivered, as the case may be, in an Electronic Communication capable of retention once it is received.
(2) For the purposes of section 3(1), Information is not capable of retention if the Originator or the Originator’s Information System inhibits the ability of the Addressee to access the Information for subsequent reference or retain the Electronic Communication.
(3) If an Originator inhibits the ability of an Addressee to access the Information for subsequent reference or retain an Electronic Record, the Electronic Record is not enforceable against the Addressee.