Evidence Act 2001
160Postal articles
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160 Postal articles
(1) [Section 160 Subsection (1) amended by No. 29 of 2018, s. 32, Applied:10 Dec 2018] [Section 160 Subsection (1) amended by No. 29 of 2017, Sched. 1, Applied:05 Sep 2017] 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, bank holiday or statutory holiday in the place to which the article was addressed.