LEGISLATION ACT 2001 - SECT 250 When document taken to be served
LEGISLATION ACT 2001 - SECT 250
When document taken to be served(1) A document served by post under this part is taken to be served when the document would have been delivered in the ordinary course of post.
(2) However, subsection (1) does not affect the operation of the Evidence Act 2011
, section 160 (Postal articles).
Note The Evidence Act 2011
, s 160 provides a rebuttable presumption that a postal article sent by prepaid post addressed to a person at an address in Australia or an external territory was received on the 7th working day after posting.
(3) If the sender has no reason to suspect that a document served by fax or email under this part was not received by the recipient when sent, the document is presumed to be served when sent unless evidence sufficient to raise doubt about the presumption is given.
(4) For subsection (3), the sender has reason to suspect that a document served by fax or email under this part was not received by the recipient when sent only if, on the day the document was sent or on the next working day, the equipment the sender used to send the document indicated by way of a signal or other message that—
(a) the equipment did not send the document when the equipment was used to send the document; or
(b) for a fax—the number to which the fax was sent to the recipient was not a fax number of the recipient; or
(c) for an email—the address to which the email was sent was not an email address of the recipient.
(5) A document addressed to the recipient, and left for the recipient as mentioned in section 247 (e), section 248 (e) or section 249 (e), is taken to be served when it was left.
(6) In this section:
"recipient", for a document, means the individual, corporation or agency on whom the document is intended to be served.
"sender", for a document served, or to be served, by fax or email, means the person sending, or seeking to send, the document.