Document ID: chunk:federal_register_of_legislation:C2025C00014:section:252:p1
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 252 (pt 1/2)
Character Range: 1777771–1780344

252  Public officer of company
 (1) Every company carrying on business in Australia, or deriving in Australia income from property, shall at all times, unless exempted by the Commissioner, be represented for the purposes of this Act by a public officer duly appointed by the company or by its duly authorized agent or attorney, and with respect to every such company and public officer the following provisions shall apply:
 (a) The company, if it has not appointed a public officer before the commencement of this Act, shall appoint a public officer within three months after the commencement of this Act or after the company commences to carry on business or derive income in Australia.
 (b) The company shall keep the office of the public officer constantly filled.
 (c) No appointment of a public officer shall be deemed to be duly made until after notice thereof in writing, specifying the name of the officer and an address for service upon the officer has been given to the Commissioner.
 (d) The company shall duly appoint a public officer when and as often as such an appointment becomes necessary.
 (e) Service of any document at the address for service, or on the public officer of the company, shall be sufficient service upon the company for all the purposes of this Act or the regulations, and if at any time there is no public officer then service upon any person acting or appearing to act in the business of the company shall be sufficient.
Note: See section 253 for alternative ways to give a notice to, or serve a process on, a company (through its officers, attorneys or agents).
 (f) The public officer shall be answerable for the doing of all such things as are required to be done by the company under this Act or the regulations, and in case of default shall be liable to the same penalties.
 (g) Everything done by the public officer which the officer is required to do in the officer's representative capacity shall be deemed to have been done by the company. The absence or non‑appointment of a public officer shall not excuse the company from the necessity of complying with any of the provisions of this Act or the regulations, or from any penalty for refusal or failure to comply therewith, but the company shall be liable to the provisions of this Act as if there were no requirement to appoint a public officer.
 (h) Any notice given to or requisition made upon the public officer shall be deemed to be given to or made upon the company.
 (i) Any proceedings under this Act taken against the public officer shall be deemed to have been taken