ACTIn ForceAct
Evidence Act 2011
161Electronic communications
Start here
Get a plain-English read of 161
Turn the raw legal text into a practical explanation grounded in Evidence Act 2011.
161 Electronic communications
(1) If a document purports to contain a record of an electronic
communication other than one mentioned in section 162, it is
presumed (unless evidence sufficient to raise doubt about the
presumption is presented) 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 ended at a particular time—was received at that
destination at that time.
Matters relating to post and communications Division 4.3.3
Note The Commonwealth Act, s 182 gives the Commonwealth Act, s 161 a