Corporations Act 2001
For the purposes of any law, a document may be served on a company by: (a) leaving it at, or posting it to, the company ' s registered office; or (b) delivering a copy of the document personally to a director of the company who resides in Australia or in an external Territory; or (c) if a liquidator of the company has been appointed - leaving it at, or posting it to, the address of the liquidator ' s office in the most recent notice of that address lodged with ASIC; or (d) if an administrator of the company has been appointed - leaving it at, or posting it to, the address of the administrator in the most recent notice of that address lodged with ASIC; or (e)
[ CCH Note: S 109X(1) will be amended by No 69 of 2020, s 3, Sch 1, by substituting " the Registrar " for " ASIC " in para (c) and (d) (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
For the purposes of any law, a document may be served on a director or company secretary by leaving it at, or posting it to, the alternative address notified to ASIC under subsection 5H(2) , 117(2) , 205B(1) or (4) or 601BC(2) . However, this only applies to service on the director or company secretary: (a) in their capacity as a director or company secretary; or (b) for the purposes of a proceeding in respect of conduct they engaged in as a director or company secretary.
[ CCH Note: S 109X(2) will be amended by No 69 of 2020, s 3, Sch 1, by substituting " the Registrar under section 5H, 117, 205B or 601BC " for " ASIC under subsection 5H(2), 117(2), 205B(1) or (4) or 601BC(2) " (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
Subsections (1) and (2) do not apply to a process, order or document that may be served under section 9 of the Service and Execution of Process Act 1992 .
[ CCH Note: There are no subsections 109X(4) and 109X(5).]
This section does not affect: (a) any other provision of this Act, or any provision of another law, that permits; or (b) the power of a court to authorise;
a document to be served in a different way.
This section applies to provisions of a law dealing with service whether it uses the expression " serve " or uses any other similar expression such as " give " or " send " .
[ CCH Note: The next section is s 111AA.]
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