Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 162

Service of documents

    (1)     Subject to this Act, documents required or permitted by this Act to be given or served, may be served—

        (a)     personally; or

        (b)     by post; or

S. 162(1)(ba) inserted by No. 87/2009 s. 57(1).

        (ba)     by registered post; or

        (c)     by any prescribed manner.

    (2)     A document must be served personally if it is—

        (a)     a seven-day notice; or

        (b)     a summons for oral examination; or

S. 162(2)(c) substituted by No. 87/2009 s. 57(2).

        (c)     subject to subsection (2A), an attachment of earnings order; or

S. 162(2)(ca) inserted by No. 87/2009 s. 57(2).

        (ca)     an attachment of debts order; or

S. 162(2)(d) amended by No. 32/2006 s. 50(1)(a).

        (d)     a notice under section 110 or 112.

S. 162(2A) inserted by No. 87/2009 s. 57(3).

    (2A)     An attachment of earnings order must be served on the person to whom the order is directed—

        (a)     personally; or

        (b)     by registered post.

    (3)     If a document is served on a director to whom a declaration under section 91 applies, it must be addressed to the address lodged with the Australian Securities and Investments Commission as the registered office address
of the body corporate in respect of which that person is a director.

Note

For service on corporations generally, see section 109X of the Corporations Act.

    (4)     If a penalty reminder notice is served by post it must be addressed—

        (a)     to the last known place of residence or business of the person alleged to have committed the offence; or

S. 162(4)(b) substituted by No. 81/2006 s. 32(3).

        (b)     if the infringement notice was served under section 87 of the Road Safety Act 1986 , to the last address of the person who is the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986 ) in relation to the vehicle involved in the offence at the time of the offence; or

S. 162(4)(c) substituted by No. 81/2006 s. 32(3).

        (c)     if the infringement notice was issued in respect of an offence to which section 66 of the Road Safety Act 1986 applies, to the last address of the person who is the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986 ) in relation to the motor vehicle or trailer involved in the offence at the time of the offence; or

S. 162(4)(d) substituted by No. 81/2006 s. 32(3).

        (d)     if the infringement notice was issued in respect of an offence against section 73(1) of the Melbourne City Link Act 1995

              (i)     to the last address of the person who is the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986 ) in relation to the vehicle involved in the offence at the time of the offence; or

              (ii)     to the last address of the driver of that vehicle as shown in a statement or declaration supplied in accordance with section 72(3) of the Melbourne City Link Act 1995 ; or

S. 162(4)(e) amended by No. 32/2006 s. 50(1)(b).

        (e)     if the infringement notice was issued in respect of an offence against section 204 of the EastLink Project Act 2004

              (i)     to the last address of the owner of the vehicle within the meaning of that Act; or

              (ii)     if a statement or declaration has been supplied under section 199 or 219 of that Act, to the last address of the person alleged in that statement or declaration to have been the driver of the vehicle.

    (5)     Any other document served by post under this Act may be addressed to the address for service given by the person on whom the document is to be served.

S. 162(6) inserted by No. 32/2006 s. 50(2).

    (6)     Subject to any evidence to the contrary and despite anything to the contrary in section 49 of the Interpretation of Legislation Act 1984 , any document that is served by post in accordance with this section is deemed to be served 14 days after the date specified in the document as the date of that document.

S. 162(7) inserted by No. 32/2006 s. 50(2).

    (7)     A document served on a person less than the period required by this Act for service of that kind of document is invalidly served.



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