New South Wales Consolidated Acts

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EVIDENCE ACT 1995 - SECT 160

Postal articles

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 seventh 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 of the Commonwealth Act gives section 160 of the Commonwealth Act a wider application in relation to postal articles sent by a Commonwealth agency.



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