[GreenKeys] Telex and the law in New South Wales

[Nicholas d'Apice]

Hi,

While working on something else I found this is the New South Wales
(Australia) Evidence Act 1995. The Act is word for word of the Commonwealth
Act (Federal law) as the Commonwealth Evidence Act was basically copied by
NSW and the other states if I remember right.

I see people from time to time banging on about this topic and thought it
might be of interest to some. Paragraph 2 is interesting.


 EVIDENCE ACT 1995 - SECT 161 *Telexes* 161 Telexes

(1) If a document purports to contain a record of a message transmitted by
telex, it is presumed (unless evidence sufficient to raise doubt about the
presumption is adduced) that the message:

(a) was so transmitted, and

(b) was sent by the person from whom or on whose behalf it purports to have
been sent, and

(c) was sent on the day on which, at the time at which and from the place
from which it purports to have been sent, and

(d) was received at the destination to which it purports to have been sent,
and

(e) was so received at the time at which its transmission to that
destination was concluded.

(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.

*Note: *Section 182 of the Commonwealth Act gives section 161 of the
Commonwealth Act a wider application in relation to Commonwealth records.



-- 
Nicholas M. K. d'Apice
GPO Box 2783
SYDNEY NSW 2001
AUSTRALIA