Commonwealth Consolidated Regulations

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COMPETITION AND CONSUMER REGULATIONS 2010 - REG 12

Service of documents on persons other than the Commission

             (1)  A person who has in a document lodged with the Commission stated an address for service may, at any time, lodge with the Commission a notice in writing stating a new address for service (which may be an electronic address).

             (2)  A reference in these Regulations to an address for service shall, in relation to a person who has notified two or more addresses for service, be read as a reference to the later or latest of those addresses.

             (3)  Subject to these Regulations, a document or notice that is required or permitted by or under the Act or these Regulations to be served on, or given to, a person in connexion with any proceeding or matter before the Commission may be served on, or given to, that person:

                     (a)  where the person has, in a document or notice lodged with the Commission, stated an address for service that is not an electronic address--by delivering the document to the person personally or by delivering the document at, or by sending the document by registered post addressed to the person at, that address; or

                    (aa)  where the person has, in a document or notice lodged with the Commission, stated an address for service that is an electronic address--by sending the document to that address; or

                     (b)  in any other case:

                              (i)  where the person is a body corporate--by delivering the document personally to the manager or secretary of the body corporate or, if the body corporate has a registered office in Australia, by leaving it at that office or by sending it by registered post addressed to the body corporate at that office, or if the body corporate does not have a registered office in Australia, by sending it by registered post addressed to the body corporate at its principal place of business in Australia; or

                             (ii)  where the person is not a body corporate--by delivering the document to the person or by sending the document by registered post addressed to the person at the last known address of the person, or by sending the document to the last electronic address the person used to contact the Commission.

             (4)  Notice by the Commission under subsection 90A(2) or 93A(2) of the Act shall be sent to a person:

                     (a)  where the person has, in a document or notice lodged with the Commission, stated an address for service that is not an electronic address--by sending the notice by pre-paid post to that person at that address; and

                    (aa)  where the person has, in a document or notice lodged with the Commission, stated an address for service that is an electronic address--by sending the notice to that address; or

                     (b)  in any other case:

                              (i)  where the person is a body corporate which has a registered office in Australia--by sending the notice by pre-paid post to that person at that registered office;

                             (ii)  where the person is a body corporate which does not have a registered office in Australia but which has a place of business in Australia--by sending the notice by pre-paid post to that person at its principal, or only, place of business in Australia;

                            (iii)  where the person is a body corporate which does not have a registered office or a place of business in Australia--by sending the notice by pre-paid post to that person at the registered office of that body corporate; or

                            (iv)  where the person is not a body corporate--by sending the notice by pre-paid post to that person at the last known address of the person, or by sending the notice to the last electronic address the person used to contact the Commission.



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