Address is normally residential address
(1) A person's address for the
purposes of a notice or application under subsection 5H(2), 117(2), 205B(1),
(2) or (4) or 601BC(2) must be their usual residential address unless they are
entitled to have an alternative address substituted for their usual
residential address under subsection (2).
Entitlement to have
alternative address
(2) The person is entitled to have an alternative address
substituted for their usual residential address if:
- (a)
- their name, but not
their residential address, is on an electoral roll under the
Commonwealth Electoral Act 1918 because of section 104 of that Act; or
- (b)
- their name is not on an electoral roll under that Act and ASIC determines,
in writing, that including their residential address in the notice or
application would put at risk their personal safety or the personal safety of
members of their family.
This alternative address must be in Australia and be one at which documents
can be served on the person. At any particular time, a person is entitled to
have only 1 alternative address under this section.
- Note: See subsection 109X(2) on the status of the alternative address as an
address for service.
(3) A person who takes advantage of subsection (2) must:
- (a)
- before or
at the same time as the alternative address is first included in a notice or
application, lodge with ASIC notice of the person's usual residential address;
and
- (b)
- lodge with ASIC notice of any change in the person's usual residential
address within 14 days after the change.
A notice under this subsection must be in the prescribed form.
(4) If a court gives a judgment for payment of a sum of money against a person
who is taking advantage of subsection (2), ASIC may give details of the
person's usual residential address to an officer of the court for the purposes
of enforcing the judgment debt.
Commonwealth Numbered Acts