Western Australian Current Acts Western Australian Current Acts (1) Any notice or
document required or authorised to be given under this Act to any person may
—
(a) be
given to that person personally; or
(b) be
sent by post addressed to that person at any place specified by the person as
a place where the person’s mail may be directed or, if the person has
not so specified, at the person’s last known place of residence,
employment or business; or
(c) with
the consent of that person or in other prescribed circumstances, be given or
served by prescribed electronic means.
(2) If a letter is
sent in accordance with subsection (1)(b) the giving of the notice or document
so sent is deemed to be effected at the time when the letter would have been
delivered in the ordinary course of post.
(3) If a notice or
document required or authorised to be given under this Act cannot be given or
sent to a person in accordance with subsection (1), it shall be deemed to have
been given to that person if —
(a) a
copy of it is published in a daily newspaper circulating throughout all, or
most of, the State; or
(b) a
court hearing proceedings under this Act orders an alternative means of giving
the notice or document, and that means of giving the notice or document is
effected; or
(c) it
is made publicly available in any manner prescribed for the purposes of this
paragraph, including (without limitation) by means of a website.
(4) Any notice or
document required or authorised to be given under this Act to any tenant under
a residential tenancy agreement shall be deemed to have been duly given to the
tenant if it is given —
(a) to
any person apparently over the age of 16 years apparently residing in the
premises the subject of the agreement; or
(b) to
the person who ordinarily pays the rent under the agreement.
(5) A notice or
document required or authorised to be given under this Act to a lessor under a
residential tenancy agreement shall be deemed to have been duly given to the
lessor if it has been given to the property manager of the residential
premises, to any person apparently over the age of 16 years apparently
residing at the place of residence of the lessor, or to the person who
ordinarily receives the rent under the agreement.
(6) Where 2 or more
persons are lessors or tenants under a residential tenancy agreement it shall
be sufficient compliance with a provision of this Act requiring or authorising
that a notice or document be given to the lessor or tenant under a residential
tenancy agreement if the notice or document is given to any one of the lessors
or tenants, as the case may be.
[Section 85 amended: No. 60 of 2011 s. 81 and 89;
No. 42 of 2016 s. 6; No. 3 of 2019 s. 21.]