AustLII Tasmanian Consolidated Acts

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LAND TITLES ACT 1980 - SECT 168

Service, &c., of notices

(1)  A notice that is required or authorized by this Act to be given to or served on a person may be given to or served on that person –
(a) by posting it as prescribed to the person’s address for service (within the meaning of this section) or to the person’s last-known place of abode or business; or
(b) by leaving it at the person’s address for service (within the meaning of this section) or at the person’s last-known place of abode or business; or
(c) by sending it by way of facsimile transmission to a service operated or used by the person; or
(d) by any other form of transmission of messages electronically where the Recorder is satisfied that the person to be notified will receive the notice; or
(e) by a method of postal service where evidence may be provided that the notice has been received by the person to be notified.
(2)  The address of a person, set forth in any instrument by which that person becomes a registered proprietor or in a caveat lodged by or on behalf of that person, or in a valuation roll prepared pursuant to the Valuation of Land Act 2001 , or in an electoral roll kept pursuant to the Electoral Act 2004 , may, for the purposes of this section, be treated as his address for service.
(3)  On being notified in writing by a registered proprietor or a caveator of any change of the proprietor's or caveator's address, the Recorder shall alter that address as set forth in any instrument specified by the proprietor (being an instrument by which the proprietor became a registered proprietor) or in the caveat, or otherwise record the change of address as prescribed.
(3A)  Where notice is required to be given under this Act before a dealing, instrument or other document is deposited or lodged with the Recorder and the Recorder is of opinion that the notice was inaccurate or insufficient, the Recorder may require that a supplementary notice be given in accordance with this Act.
(4)  Notwithstanding anything in the foregoing provisions of this section, if for any special reason the Recorder thinks it desirable to do so the Recorder may direct any notice to be given or served in such manner as the Recorder may specify, either in addition to, or in substitution for, the mode of giving or serving notice prescribed in those provisions.
(4A)  Where –
(a) a person is required to notify interested persons of an application under this Act; and
(b) the notice is not given within the required time –
the Recorder may, if it appears that it would be harsh and unconscionable to refuse the application –
(c) extend the time for giving the notice; and
(d) require the applicant to give further notice in such manner as the Recorder may direct; and
(e) reinstate any objection or caveat lodged in respect of the application.
(5)  Notwithstanding anything in this Act, if for any special reason the Recorder thinks it desirable to do so, the Recorder may dispense with a requirement to advertise or to give notice under this Act.
(6)  If the Recorder considers it desirable in the interests of procedural fairness and the administration of this Act, the Recorder may require a person depositing or lodging an application, dealing, instrument or other document to do one or more of the following:
(a) advertise in one or more newspapers published and circulating in Tasmania, as determined by the Recorder;
(b) give notice to a person the Recorder considers to have an interest in the application, dealing, instrument or other document;
(c) post notice of the application, dealing, instrument or other document on the relevant land.



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