South Australian Current Acts South Australian Current Acts (1) If an apparently
genuine document purports to contain a record of an electronic communication
(other than one referred to in section 55), it will be presumed in the
absence of evidence to the contrary, that the communication—
(a) was
sent or made in the form of electronic communication that appears from the
document to have been the form by which it was sent or made; and
(b) was
sent or made by or on behalf of the person by or on whose behalf it appears
from the document to have been sent or made; and
(c) was
sent or made on the day on which, at the time at which and from the place from
which it appears from the document to have been sent or made; and
(d) was
received at the destination to which it appears from the document to have been
sent; and
(e) if
it appears from the document that the sending of the communication concluded
at a particular time—was received at that destination at that time.
(2) A provision of
subsection (1) does not apply in proceedings if—
(a) the
proceedings relate to a contract; and
(b) all
parties to the proceedings are parties to the contract; and
(c) the
provision is inconsistent with a term of the contract.
(3) A document
referred to in subsection (1) may be admitted in proceedings as evidence
of any of the following representations contained in the document:
(a) the
identity of the person from whom or on whose behalf the electronic
communication was sent;
(b) the
date on which or the time at which the communication was sent;
(c) the
destination of the communication or the identity of the person to whom the
communication was addressed.
(4) In this
section—
"electronic communication" has the same meaning as in the
Electronic Transactions Act 2000 .