—(1) Where a rule of law requires any document, record or information to be retained, or provides for certain consequences if it is not, that requirement is satisfied by retaining the document, record or information in the form of an electronic record if the following conditions are satisfied:
the information contained therein remains accessible so as to be usable for subsequent reference;
the electronic record is retained in the format in which it was originally generated, sent or received, or in a format which can be demonstrated to represent accurately the information originally generated, sent or received;
such information, if any, as enables the identification of the origin and destination of an electronic record and the date and time when it was sent or received, is retained; and
any additional requirements relating to the retention of such electronic records specified by the public agency which has supervision over the requirement for the retention of such records are complied with.
(2) An obligation to retain any document, record or information in accordance with subsection (1)(c) shall not extend to any information necessarily and automatically generated solely for the purpose of enabling a record to be sent or received.
(3) A person may satisfy the requirement referred to in subsection (1) by using the services of any other person, if the conditions in paragraphs (a) to (d) of that subsection are complied with.
(4) Nothing in this section shall apply to —
any rule of law which expressly provides for the retention of documents, records or information in the form of electronic records; or
any rule of law requiring that any document, record or information be retained (or which provides for consequences if not) that the Minister, by order published in the Gazette, excludes from the application of this section in respect of such document, record or information.
[ETA, s. 9; UNCITRAL, Art. 10]