Document ID: chunk:federal_register_of_legislation:C2005A00038:clause:1_68aa
Version: federal_register_of_legislation:C2005A00038
Segment Type: clause
Provision Reference: sch 1 cl 68AA
Character Range: 93662–95986

68AA  How documents may be given to a person

Post

 (1) For the purposes of this Act:
 (a) a document, statement, notice or other notification is taken to be given to a person if it is sent by post to whichever of the following addresses is applicable:
 (i) if the document, statement, notice or other notification relates to a proceeding and the person has provided an address to which documents in relation to the proceeding may be sent—that address;
 (ii) if subparagraph (i) does not apply and the person is not a company—the address of the place of residence or business of the person last known to the person posting the document, statement, notice or other notification;
 (iii) if subparagraph (i) does not apply and the person is a company—the address of the registered office of the company; and
 (b) a document, statement, notice or other notification so sent by post is taken to have been given, unless the contrary is proved, at the time when the document, statement, notice or other notification would have been delivered in the ordinary course of post.

Note: See also the Electronic Transactions Act 1999.

Tribunal direction

 (2) For the purposes of this Act:
 (a) if:
 (i) a person is not a company; and
 (ii) the person's present or any previous place of residence or business is unknown;
  a document, statement, notice or other notification is taken to be given to the person, if it is given in accordance with a direction given by the Tribunal; and
 (b) if, in accordance with that direction, the document, statement, notice or notification is sent by post—the document, statement, notice or notification is taken to have been given, unless the contrary is proved, at the time when the document, statement, notice or notification would have been delivered in the ordinary course of post.

Electronic communication

 (3) For the purposes of this Act, if a document, statement, notice or other notification is given to a person by means of an electronic communication (within the meaning of the Electronic Transactions Act 1999), the document, statement, notice or other notification is taken to have been given on the day on which the electronic communication is dispatched.

 (4) Subsection (3) of this section has effect despite subsections 14(3) and (4) of the Electronic Transactions Act 1999.