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EVIDENCE ACT 1995 - SECT 163 Proof of letters having been sent by Commonwealth agencies

EVIDENCE ACT 1995 - SECT 163

Proof of letters having been sent by Commonwealth agencies

  (1)   A letter from a Commonwealth agency addressed to a person at a specified address is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) to have been sent by prepaid post to that address on the fifth business day after the date (if any) that, because of its placement on the letter or otherwise, purports to be the date on which the letter was prepared.

  (2)   In this section:

"business day" means a day that is not:

  (a)   a Saturday or a Sunday; or

  (b)   a public holiday or bank holiday in the place in which the letter was prepared.

"letter" means any form of written communication that is directed to a particular person or address, and includes:

  (a)   any standard postal article within the meaning of the Australian Postal Corporation Act 1989 ; and

  (b)   any envelope, packet, parcel, container or wrapper containing such a communication; and

  (c)   any unenclosed written communication that is directed to a particular person or address.

Note :   Section   5 extends the operation of this section to proceedings in all Australian courts.