Legislation Act 2019

17 When sending by post is taken as done


This section applies to legislation that authorises or requires a document to be sent by post (whether the expression “serve”, “give”, or “send”, or any other expression, is used).


The document is taken to be sent if it is properly addressed, prepaid, and posted as a postal article.


The document is taken to be received at the time at which it would be delivered in the ordinary course of post.


However, subsection (2) or (3) does not apply if the contrary is proved.


See also Part 4 of the Contract and Commercial Law Act 2017, which provides for the deemed timing and receipt of electronic communications.

Compare: Acts Interpretation Act 1901 s 29 (Aust); Interpretation Act 1978 s 7 (UK)