Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p63
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 63/212)
Character Range: 167046–169635

by delivering it to the person personally; or

         (ii) by leaving it at, or by sending it by post to, the address of the place of residence or business of the person last known to the person serving the document; or

   (b) on a body corporate other than:

       (i) a company; or

       (ii) a recognised company; or

      (iii) a registered body;

     by leaving it at, or sending it by post to, the head office, a registered office or a principal office of the body corporate.

  "(2) Nothing in subsection (1):

     (a) affects the operation of any other provision of this Law or any other law of the Commonwealth or of this or another jurisdiction that authorises the service of a document otherwise than as provided in that subsection; or

     (b) affects the power of a court to authorise service of a document otherwise than as provided in that subsection.

Meaning of service by post

"109y. Where a provision of this Law authorises or requires any document to be served by post, whether the expression 'serve' or the expression 'give' or 'send' or any other expression is used, then:

     (a) the service is taken to be effected by properly addressing and posting (under pre-paid post) the document as a letter to the last known address of the person to be served; and

     (b) unless the contrary is proved, the service is taken to have been effected at the time at which the letter would have been delivered in the ordinary course of post.

Measurement of distance

"109z. In the measurement of any distance for the purposes of this Law, that distance is, unless the contrary intention appears, to be measured in a straight line on a horizontal plane.

Expressions of time

"109za. Where in this Law any reference to time occurs, such time is, unless it is otherwise specifically stated, taken in each jurisdiction to mean the standard legal time in that jurisdiction.

Exercise of powers and duties

"109zb. (1) Where this Law confers a power or imposes a duty, then, unless the contrary intention appears, the power may be exercised and the duty must be performed from time to time as the occasion requires.

SCHEDULE 1—continued

"(2) Where this Law confers a power or imposes a duty on the holder of an office as such, then, unless the contrary intention appears, the power may be exercised and the duty must be performed by the holder for the time being of the office.

"(3) Where this Law provides that a person, court or body may do a particular act or thing, and the word 'may' is used, the act or thing may be done at the discretion of the person, court