New South Wales Consolidated Acts

DEFAMATION ACT 2005 - SECT 44

44 Giving of notices and other documents

(1) For the purposes of this Act, a notice or other document may be given to a person (or a notice or other document may be served on a person)--

(a) in the case of a natural person--

(i) by delivering it to the person personally, or

(ii) by sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or

(iii) by sending it by facsimile transmission to the facsimile number of the person, or

(iv) by sending it by email, messaging or other electronic communication to an electronic address or location indicated by the person for giving documents to, or serving documents on, the person, or

(b) in the case of a body corporate--

(i) by leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or

(ii) by sending it by facsimile transmission to the facsimile number of the body corporate, or

(iii) by sending it by email, messaging or other electronic communication to an electronic address or location indicated by the body corporate for giving documents to, or serving documents on, the body corporate.

Examples for paragraphs (a)(iv) and (b)(iii)--:

1 An email address or direct messaging address set out on an internet-based social media forum for contacting the administrator of the forum about content on the forum.

2 An email address or direct messaging address provided by the poster of digital matter on an internet-based social media forum for contacting the poster about the content of the matter.

3 A form on a website provided by a digital intermediary enabling a user to contact the intermediary by filling in the form or uploading documents.

(2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be given or served on a person in any other manner.