Proceeds of Crime Act 2002

CHAPTER 5 - MISCELLANEOUS  

SECTION 315D   Service of documents  
Scope of this section

315D(1)    
This section applies in relation to a provision of this Act that requires or permits a document to be given (whether the expression " give " , " send " , " present " , " serve " or any other expression is used), if the document is to be given:

(a)    by:

(i) an * approved examiner; or

(ii) an * authorised officer; or

(iii) an * authorised State/Territory officer; or

(iv) an * executing officer or a * person assisting; or

(v) an officer specified in subsection 213(3) , if the document is given under subsection 213(1) ; or

(vi) an official specified in subclause 12(3) of Schedule 1 , if the document is given under subclause 12(1) of Schedule 1 ; or

(vii) the * Official Trustee; or

(viii) a person authorised in writing by the Official Trustee to exercise powers under section 268 ; or

(ix) a * proceeds of crime authority; or

(x) a person prescribed by the regulations for the purposes of this subparagraph; and

(b)    to a person other than:

(i) a company, or a registered body, within the meaning of the Corporations Act 2001 ; or

(ii) a * registration authority; or

(iii) a magistrate, a court, a Minister or the Commonwealth Parliament.

Natural persons

315D(2)    
If the person is a natural person, the document may be given:

(a)    by delivering it personally to the person; or

(b)    if the person does not accept personal delivery - by putting it down in the person ' s presence and telling the person the nature of the document; or

(c)    if delivering it personally is prevented by violence or threat of violence - by leaving it as near as practicable to the person; or

(d)    by leaving it at the address of the person ' s place of residence or business last known to the person giving the document; or

(e)    by sending it by post to the address of the person ' s place of residence or business last known to the person giving the document; or

(f)    by electronic communication to the person; or

(g)    if a legal representative represents the person in any proceeding or examination under this Act or has instructions to accept service of documents on behalf of the person - in any of the following ways:

(i) by giving a copy of the document to the legal representative;

(ii) by leaving a copy of the document at the ordinary place of business of the legal representative with a person who appears to work there;

(iii) by sending a copy of the document by post addressed to the legal representative at their ordinary business address;

(iv) if the legal representative has provided or published an email address, fax number or other details for the purpose of receiving electronic communications - by sending a copy of the document to the email address, fax number or in accordance with the other details for receiving electronic communications; or

(h)    in any other way prescribed by the regulations.

Other persons

315D(3)    
If the person (the entity ) is not a natural person, the document may be given:

(a)    by:

(i) leaving it at; or

(ii) sending it by post to;

an address of the entity that meets the requirements in subsection (4) ; or

(b)    if a director of the entity resides in * Australia or in an external Territory - in either of the following ways:

(i) by delivering a copy of the document personally to the director;

(ii) by electronic communication to the director; or

(c)    if a liquidator (however described) of the entity has been appointed - in any of the following ways:

(i) by leaving it at the address of the liquidator most recently advised to the regulator of the entity;

(ii) by sending it by post to the address of the liquidator most recently advised to the regulator of the entity;

(iii) by electronic communication to the liquidator; or

(d)    if an administrator of the entity has been appointed - - in any of the following ways:

(i) by leaving it at the address of the administrator most recently advised to the regulator of the entity;

(ii) by sending it by post to the address of the administrator most recently advised to the regulator of the entity;

(iii) by electronic communication to the administrator; or

(e)    if a restructuring practitioner for the entity has been appointed - in any of the following ways:

(i) by leaving it at the address of the restructuring practitioner most recently advised to the regulator of the entity;

(ii) by sending it by post to the address of the restructuring practitioner most recently advised to the regulator of the entity;

(iii) by electronic communication to the restructuring practitioner; or

(f)    if a legal representative represents the entity in any proceeding or examination under this Act or has instructions to accept service of documents on behalf of the entity - in any of the following ways:

(i) by giving a copy of the document to the legal representative;

(ii) by leaving a copy of the document at the ordinary place of business of the legal representative;

(iii) by sending a copy of the document by post addressed to the legal representative at their ordinary business address;

(iv) if the legal representative has provided or published an email address, fax number or other details for the purpose of receiving electronic communications - by sending a copy of the document to the email address, fax number or in accordance with the other details for receiving electronic communications; or

(g)    in any other way prescribed by the regulations.

Note:

This section does not apply to some kinds of persons (for example, companies and registered bodies). See paragraph (1)(b) of this section.

315D(4)    
For the purpose of paragraph (3)(a) , an address meets the requirements in this subsection if the address:

(a)    is registered with the regulator of the entity in the jurisdiction in which the entity is established; or

(b)    is the address in * Australia or in an external Territory of an agent of the entity; or

(c)    is the address of a director, public officer or equivalent officer of the entity.

Service by post

315D(5)    
A document that is sent by post in accordance with a provision in subsection (2) or (3) is taken to have been given to the person:

(a)    if the document is properly addressed, prepaid and posted as a letter; and

(b)    unless the contrary is proved - at the time at which the letter would be delivered in the ordinary course of post.

Service by leaving the document with a person

315D(6)    
A document that is left in accordance with paragraph (2)(d) is taken to have been given to the person:

(a)    if the document is left with a person at the address who is apparently at least 16 years old and apparently residing or employed there; and

(b)    unless the contrary is proved - at the time at which the document is left with that person.

315D(7)    
A document that is left in accordance with subparagraph (3)(a)(i) , (c)(i) , (d)(i) , (e)(i) or (f)(ii) is taken to have been given to the entity:

(a)    if the document is left with a person at the address or place of business who is apparently employed there; and

(b)    unless the contrary is proved - at the time at which the document is left with that person.

Service by electronic communication

315D(8)    
A document that is given to a person by electronic communication as mentioned in subsection (2) or (3) is taken, unless the contrary is proved, to have been given to the person at the time at which the electronic communication would be delivered in the ordinary course of that kind of electronic communication.

315D(9)    
For the purposes of giving a document by electronic communication as mentioned in subsection (2) or (3) , the regulations may prescribe circumstances in which, and the manner in which, a document is to be given. If any such regulations apply in relation to the giving of a document, the document is not taken to have been given unless given in accordance with those regulations.

Substituted service

315D(10)    
The court may make an order substituting another way of giving a document if the document that is required or permitted to be given to a person by this Act:

(a)    cannot practicably be given to the person in a manner required under subsection (2) or (3) ; or

(b)    cannot be promptly effected.

315D(11)    
A document given to a person in accordance with a court order as mentioned in subsection (10) is taken to have been received by the person on the happening of an event or at the end of a time specified in the order.

315D(12)    
The court may, in the order, specify the steps to be taken, instead of giving the document in accordance with subsection (2) or (3) , for bringing the document to the attention of the person to be served.

Relationship with other laws

315D(13)    
Nothing in this section displaces section 9 or 16 of the Service and Execution of Process Act 1992 . However, subsection (3) of this section has effect despite the following provisions of that Act:

(a)    section 10;

(b)    subsection 15(4);

(c)    subsection 27(4).

315D(14)    
This section has effect despite section 9 of the Electronic Transactions Act 1999 .

315D(15)    
This section does not prevent a document being given to a person in another manner permitted under a law of a State or Territory.

Recipient may be in or outside Australia

315D(16)    
This section applies in relation to giving the document whether the recipient is in or outside * Australia.