Div 6Matters relating to communications

Division 6—Matters relating to communications 54—Electronic communications (1) If an apparently genuine document purports to contain a record of an electronic communication (other than one referred to in section 55), it will be presumed in the absence of evidence to the contrary, that the communication— (a) was sent or made in the form of electronic communication that appears from the document to have been the form by which it was sent or made; and (b) was sent or made by or on behalf of the person by or on whose behalf it appears from the document to have been sent or made; and (c) was sent or made on the day on which, at the time at which and from the place from which it appears from the document to have been sent or made; and (d) was received at the destination to which it appears from the document to have been sent; and (e) if it appears from the document that the sending of the communication concluded at a particular time—was received at that destination at that time. (2) A provision of subsection (1) does not apply in proceedings if— (a) the proceedings relate to a contract; and (b) all parties to the proceedings are parties to the contract; and (c) the provision is inconsistent with a term of the contract. (3) A document referred to in subsection (1) may be admitted in proceedings as evidence of any of the following representations contained in the document: (a) the identity of the person from whom or on whose behalf the electronic communication was sent; (b) the date on which or the time at which the communication was sent; (c) the destination of the communication or the identity of the person to whom the communication was addressed. electronic communication has the same meaning as in the Electronic Transactions Act 2000. 55—Telegrams and lettergrams (1) If a document purporting to contain a record of a message is transmitted by means of a lettergram or telegram, it will be presumed, in the absence of evidence to the contrary, that the message was received by the person to whom the message is addressed no later than 24 hours after the message was delivered to a post office for transmission as a lettergram or telegram. (2) This section does not apply in proceedings if— (a) the proceedings relate to a contract; and (b) all parties to the proceedings are parties to the contract; and (c) subsection (1) is inconsistent with a term of the contract.