Victorian Current Acts

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EVIDENCE ACT 2008 - SECT 160

Postal articles

S. 160(1) amended by No. 22/2020 s. 19.

    (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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