Evidence Act 2011

If a document purports to contain a record of an electronic communication other than one mentioned in section 162, it is presumed (unless evidence sufficient to raise doubt about the presumption is presented) that the communication—

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

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

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

was received at the destination to which it appears from the document to have been sent; and

if it appears from the document that the sending of the communication ended at a particular time—was received at that destination at that time.

This section does not apply if—

the proceeding relates to a contract; and

all the parties to the proceeding are parties to the contract; and

subsection (1) is inconsistent with a term of the contract.

Note The Commonwealth Act, s 182 gives the Commonwealth Act, s 161 a wider application in relation to Commonwealth records.