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COMMONWEALTHAct
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s 160

Postal articles

In force
Chapter 4Proof
Part 4.3Facilitation of proof
Division 3Matters relating to post and communications

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 gives this section a wider application in relation to postal articles sent by a Commonwealth agency.

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