VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 140 Service
VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 140
Service(1) For the purposes of this Act, a notice, order or other document may be served on or given to a person—
(a) if the person is a natural person—
(i) by delivering it personally to the person; or
S. 140(1)(a)(ii) substituted by No. 15/2018 s. 72(1).
(ii) by sending it by post to the person at his or her usual or last known residential or business address; or
S. 140(1)(a)(iia) inserted by No. 15/2018 s. 72(1).
(iia) subject to the rules, by sending it by electronic communication to the electronic address applicable to the person under the rules; or
(iii) by leaving it at the person's usual or last known residential or business address with a person on the premises who is apparently at least 16 years old and apparently residing or employed there; or
S. 140(1)(b) amended by No. 44/2001 s. 3(Sch. item 122).
(b) if the person is a company incorporated under the Corporations Act—
(i) by delivering it personally to the registered office of the company; or
S. 140(1)(b)(ii) substituted by No. 15/2018 s. 72(2).
(ii) by sending it by post to the registered office of the company; or
S. 140(1)(b)(iia) inserted by No. 15/2018 s. 72(2).
(iia) subject to the rules, by sending it by electronic communication to the electronic address applicable to the company under the rules; or
(iii) in any other way that service of documents may be effected on a body corporate; or
S. 140(1)(c) amended by No. 20/2012 s. 226(Sch. 5 item 25).
(c) if the person is an incorporated association within the meaning of the Associations Incorporation Reform Act 2012 , in accordance with section 217 of that Act; or
(d) in any case—
(i) in a manner permitted by the rules; or
(ii) in a manner directed by the Tribunal.
S. 140(2) amended by No. 15/2018 s. 72(3).
(2) For the purposes of this Act, a notice, order or other document may be served on or given to an unincorporated association—
(a) by delivering it personally to the president, secretary or other similar officer of the association; or
S. 140(2)(b) substituted by No. 15/2018 s. 72(4).
(b) by sending it by post to the president, secretary or other similar officer of the association at that person's usual or last known residential or business address; or
S. 140(2)(ba) inserted by No. 15/2018 s. 72(4).
(ba) subject to the rules, by sending it by electronic communication to the electronic address applicable to the president, secretary or other similar officer of the association under the rules; or
(c) in any other manner—
(i) permitted by the rules; or
(ii) directed by the Tribunal.
S. 140(2A) inserted by No. 15/2018 s. 72(5).
(2A) Rules for the purposes of subsections (1)(a)(iia), (1)(b)(iia) and (2)(ba) may only prescribe, as an electronic address that is applicable to a person or company—
(a) an electronic address that has been provided to the Tribunal by the person or company (including by the person or company communicating with the Tribunal from that address); or
(b) an electronic address—
(i) from which the person or company has communicated with a party, or potential party, to the proceeding to which the notice, order or other document relates; and
(ii) that is provided to the Tribunal by that party or potential party.
(3) If the Tribunal directs that notice be given to a person, or a class of persons, by advertisement or publication of the notice, that advertisement or publication must be taken to be service of notice on the person, or persons in that class, as the case requires.
S. 140(4) inserted by No. 15/2018 s. 72(6).
(4) Despite section 8 of the Electronic Transactions (Victoria) Act 2000 , a notice, order or other document served or given by electronic communication in accordance with this section is taken to have been served or given whether or not the person on whom it is served, or to whom it is given, consented to it being served or given by means of electronic communication.