New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 184

184 Service of notices and documents

(1) A notice or document required or authorised to be given to a person under this Act may be--

(a) sent by post addressed to the person, or an agent of the person, at the last known address of the person or agent, or

(b) given personally--

(i) to the person, or

(ii) to an agent of the person, or

(c) if the person is a resident--given by delivering it to the residential site and leaving it there with a person apparently of or above the age of 16 years, or

(d) if the person is an operator--given personally to an employee of the person, or

(e) if the person has agreed to notices or documents being given by email--sent to an email address provided by the person, or

(e1) if the person has agreed to notices or documents being given by other electronic means--sent to an electronic address or location provided by the person, or

(f) left in a mailbox at the last known address of the person, or

(g) given in such other manner as may be prescribed by the regulations for the purposes of this section or approved by the Tribunal.

(2) Service under--

(a) subsection (1)(a) is taken to be effected as provided for by section 76 of the Interpretation Act 1987 , and

(b) subsection (1)(b), (c) or (d) is taken to be effected on the day the notice or document is given, and

(c) subsection (1)(e) or (e1) is taken to be effected on the day the notice or document is sent, and

(d) subsection (1)(f) is taken to be effected on the day the notice or document is left in the mailbox, and

(e) subsection (1)(g) is taken to be effected on the day provided for by the regulations or the Tribunal.

(3) However, a notice or document is not validly given to a person unless it is sent by post addressed to the person at a particular address if--

(a) the person is a resident, and

(b) the notice or document is to be given by an operator, and

(c) the person has requested an operator to send notices or documents to the person by post to that address and cancellation of the request has not been communicated in writing to the operator.

(4) If 2 or more persons are the operators of the same community or are home owners of the same residential site, a notice or other document is duly given if given to any one of them.