New South Wales Consolidated Acts

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EVIDENCE ACT 1995 - SECT 162

Lettergrams and telegrams

162 Lettergrams and telegrams

(1) If a document purports to contain a record of a message transmitted by means of a lettergram or telegram, it is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) that the message was received by the person to whom it was addressed 24 hours after the message was delivered to a post office for transmission as a lettergram or telegram.
(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.
Note : Section 182 of the Commonwealth Act gives section 162 of the Commonwealth Act a wider application in relation to Commonwealth records.



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