Western Australian Current Acts Western Australian Current Acts (1) For the purposes
of this Act, service of a document on a person may be effected —
(a) by
delivering the document to the person personally; or
(b) by
sending the document by letter (by pre-paid post) to the address of the
person; or
(c) if a
person has specified in a caveat or approved form that documents under this
Act may be served on him or her by facsimile transmission to the number of his
or her facsimile machine, by facsimile transmission to that number.
(2) For the purposes
of subsection (1)(b) —
address in relation to a person means —
(a)
address specified by the person in a caveat or in an approved form as the
address to which documents addressed to the person are to be sent;
(b) if
an address has not been specified under paragraph (a), address entered in the
Register as the address of the person;
(c) if,
in the case of an individual, an address has not been specified under
paragraph (a) or entered in the Register, last known address of that person;
(d) if,
in the case of a person who is not an individual, an address has not been
specified under paragraph (a) or entered in the Register —
(i)
registered office (if any) within the meaning of the
Corporations Act 2001 of the Commonwealth, the principal place of business or
the principal office in the State of that person; or
(ii)
address of the office of any administrator, manager,
receiver, receiver and manager or liquidator appointed under the Corporations
Act 2001 of the Commonwealth in relation to that person if that address is the
most recent address to be lodged with the Australian Securities and
Investments Commission for that administrator, receiver, receiver and manager
or liquidator.
(3) Unless the
contrary is proved, in relation to service by or on behalf of the Minister
—
(a)
service by letter is to be taken to be effected at the time when the letter
would have been delivered in the ordinary course of post; and
(b)
service by facsimile transmission is to be taken to be effected at the time
when a facsimile machine at the office of the Department prints a statement
showing that —
(i)
that transmission has been made to another facsimile
machine; and
(ii)
the other facsimile machine has received that
transmission.
(4) For the purposes
of subsection (3)(a), a letter is to be taken to be delivered in the ordinary
course of post —
(a) to
an address in the metropolitan region on the next business day after the
letter is posted; or
(b) to
an address outside the metropolitan region, but in the State, on the second
business day after the letter is posted; or
(c) to
an address outside the State, but in Australia, on the third business day
after the letter is posted; or
(d) to
an address outside Australia on the 14th business day after the letter is
posted.
(5) If the Minister
attempts to serve a document by sending it in a letter which is returned by
the post office because the letter cannot, for any reason, be delivered to the
person to whom it is addressed, the Minister may if, in the circumstances and
having regard to the provisions of this Act, the Minister thinks fit —
(a)
direct any further document to be served; or
(b)
direct substituted service of the document; or
(c)
proceed without the document being served.
(6) In this section
—
metropolitan region has the same meaning as it has
in the Planning and Development Act 2005 .
[Section 274 amended: No. 26 of 1999 s. 90; No. 10
of 2001 s. 220; No. 38 of 2005 s. 13.]