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MIGRATION ACT 1958 - SECT 332H

Giving of notices under this Part

  (1)   If a provision of this Part requires or permits the Migration Agents Registration Authority to give a notice to a person (the recipient ):

  (a)   the Authority must give the notice to the recipient by 1 of the 4 methods set out in the following table; and

  (b)   the time at which the recipient is taken to have been given the notice is the time set out in the table.

 

Giving of notices under this Part

Item

Methods of giving notices

Timing rule

1

Handing the notice to the recipient

When it is handed to the recipient

2

Handing the notice to another person who:

(a) is at the last residential or business address provided to the Authority by the recipient for the purposes of receiving notices; and

(b) appears to live there (in the case of a residential address) or work there (in the case of a business address); and

(c) appears to be at least 16 years of age

When it is handed to the other person

3

Dating the notice, and then dispatching it:

(a) within 3 working days (in the place of dispatch) of the date of the notice; and

(b) by prepaid post or by other prepaid means; and

(c) to:

(i) the last address for service provided to the Authority by the recipient for the purposes of receiving notices; or

(ii) the last residential or business address provided to the Authority by the recipient for the purposes of receiving notices

(a) if the notice was dispatched from a place in Australia to an address in Australia--7 working days (in the place of that address) after the date of the notice; or

(b) in any other case--21 days after the date of the notice

4

Transmitting the notice by:

(a) fax; or

(b) email; or

(c) other electronic means;

to the last fax number, email address or other electronic address, as the case may be, provided to the Authority by the recipient for the purposes of receiving notices

At the end of the day on which the notice is transmitted

  (2)   This section has effect despite any provision in the Electronic Transactions Act 1999 .


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