Where the evidence establishes that service of a statutory demand occurred within a date range but the precise date cannot be determined, the applicant bears the burden of establishing that the application was made within 21 days of service, and failure to narrow the date of service to establish compliance is fatal to the application. The placement of a posted document in the addressee's post office box rather than delivery to the street address may displace the deeming provision in s 29(1) of the Acts Interpretation Act 1901 (Cth), though this point was not conclusively resolved.
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