Document ID: chunk:federal_register_of_legislation:F2024L00379:reg:22:p2
Version: federal_register_of_legislation:F2024L00379
Segment Type: reg
Provision Reference: reg 22 (pt 2/2)
Character Range: 29948–32066

or
 (e) if subrule (4) is complied with, by emailing the document to the email address of an employee if:
 (i) the person to be served is an employee of the person who is serving the document; and
 (ii) a common form of communication between the employer and the employee is by email to that particular email address; and
 (iii) it is reasonable for the employer to expect that an email to that particular email address will be received by the employee; or
 (f) using the FWC's online lodgment facilities if:
 (i) the document was lodged using those facilities; and
 (ii) the email address specified for service is an email address of a kind mentioned in paragraph (d) or (e).
 (3) For the purposes of paragraph (2)(c), the person serving the document must retain the barcode of the prepaid envelope and produce it if required by the FWC.
 (4) For the purposes of paragraphs (2)(d) and (e), the person serving the document must:
 (a) either:
 (i) retain the email as a "sent item", showing the email address to which the email was sent and the date and time that it was sent; or
 (ii) retain a "delivered" statement or a "read receipt" showing the email address to which the email was sent and the date and time that it was delivered or read; and
 (b) produce the retained document if required by the FWC.
 (5) For the purposes of section 29 of the Acts Interpretation Act 1901, if a document is served by posting it in accordance with paragraph (2)(c) of this rule, a certificate:
 (a) signed by:
 (i) a person occupying, or performing the duties of, the office of Managing Director, Australian Postal Corporation; or
 (ii) a person authorised in writing by that person to give a certificate under this subrule; and
 (b) stating that a letter that was posted (with prepaid postage) at a specified time, on a specified day and at a specified place, and addressed to a specified address, would, in the ordinary course of the post, have been delivered at that address on a specified day;
is evidence of the facts stated.
Note: For the Acts Interpretation Act 1901 that applies to these Rules, see section 40A of the Act.