Australian Capital Territory Current Acts

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EVIDENCE ACT 2011 - SECT 160

Postal articles

    (1)     It is presumed (unless evidence sufficient to raise doubt about the presumption is presented) that a postal article sent by prepaid post addressed to a person at a stated address in Australia or in an external territory was received at that address on the 7th working day after the day it was 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     The Commonwealth Act

, s 182 gives the Commonwealth Act

, s 160 a wider application in relation to postal articles sent by a Commonwealth agency.



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