Evidence Act 1929

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—

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 concluded at a particular time—was received at that destination at that time.

A provision of subsection (1) does not apply in proceedings if—

the proceedings relate to a contract; and

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

the provision is inconsistent with a term of the contract.

A document referred to in subsection (1) may be admitted in proceedings as evidence of any of the following representations contained in the document:

the identity of the person from whom or on whose behalf the electronic communication was sent;

the date on which or the time at which the communication was sent;

the destination of the communication or the identity of the person to whom the communication was addressed.

In this section—