EVIDENCE ACT 1995 - SECT 160 Postal articles

EVIDENCE ACT 1995 - SECT 160

  (1)   It is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) that a postal article sent by prepaid post addressed to a person at a specified address in Australia or in an external Territory was received at that address on the seventh working day after having been posted.

  (2)   This section does not apply if:

  (a)   the proceeding relates to a contract; and

  (b)   all the parties to the proceeding are parties to the contract; and

  (c)   subsection   (1) is inconsistent with a term of the contract.

  (3)   In this section:

"working day" means a day that is not:

  (a)   a Saturday or a Sunday; or

  (b)   a public holiday or a bank holiday in the place to which the postal article was addressed.

Note:   Section   182 gives this section a wider application in relation to postal articles sent by a Commonwealth agency.