Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - SECT 160

Postal articles

             (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 fourth 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.



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