Bankruptcy Regulations 2021

PART 16 - MISCELLANEOUS

Division 1 - Matters relating to documents

SECTION 102 SERVICE OF DOCUMENTS

102(1)
Unless the contrary intention appears, if a document is required or permitted by the Act or this instrument to be given or sent to, or served on, a person (other than the Inspector-General, the Official Receiver or the Official Trustee), the document may be:

(a) sent by a courier service to the person at the address of the person last known to the person serving the document; or

(b) left, in an envelope or similar packaging marked with the person ' s name and any relevant document exchange number, at a document exchange where the person maintains a document exchange facility; or

(c) given in a manner specified in section 28A of the Acts Interpretation Act 1901 ; or

(d) sent, in accordance with the information technology requirements in subsection (3) of this section:

(i) by a kind of electronic communication that transmits the document to a facility maintained by the person for receipt of electronically transmitted documents; or

(ii) by a kind of electronic communication such that, in the ordinary course of events, the document could be reasonably expected to be received by the person.

Note:

The Electronic Transactions Act 1999 applies to a requirement or permission to give information under the Bankruptcy Act 1966 or this instrument, including electronic communications covered by this section.

However, paragraph (d) of this subsection permits information to be given by means of particular kinds of electronic communication, in accordance with the information technology requirements in subsection (3) . This means the requirements in section 9 of the Electronic Transactions Act 1999 do not apply in relation to electronic communications covered by this section (see subsection 9(3) of the Electronic Transactions Act 1999 ).

102(2)
For the purposes of paragraph (1)(a) or (b) , in the absence of proof to the contrary, the document is taken to have been received by, or served on, the person when the document would, in the due course of business practice, be delivered to that address or document exchange.

Note:

For paragraph (1)(c) , see section 29 of the Acts Interpretation Act 1901 .

102(3)

View history reference

For the purposes of paragraph (1)(d) , the information technology requirements are:

(a) at the time the document is sent, it is reasonable to expect that the document would be readily accessible so as to be useable for subsequent reference; and

(b) the document is sent in one of the following formats, or in a format that is similar to or readily convertible into one of the following formats:

(i) Word;

(ii) Excel;

(iii) HTML;

(iv) PDF;

(v) plain text;

(vi) JPEG.

View history note

History

S 102 substituted by FRLI No F2024L01678, s 4 and Sch 1 item 4, effective 17 December 2024. S 102 formerly read:

SECTION 102 SERVICE OF DOCUMENTS
102(1)
Unless the contrary intention appears, if a document is required or permitted by the Act or this instrument to be given or sent to, or served on, a person (other than the Inspector-General, the Official Receiver or the Official Trustee), the document may be:
(a) sent by a courier service to the person at the address of the person last known to the person serving the document; or
(b) left, in an envelope or similar packaging marked with the person ' s name and any relevant document exchange number, at a document exchange where the person maintains a document exchange facility.
Note 1:

See also section 28A of the Acts Interpretation Act 1901 .

Note 2:

The Electronic Transactions Act 1999 deals with giving information in writing by means of an electronic communication.

View history note

Hide history note

History

S 102(1) amended by FRLI No F2022L00528, s 4 and Sch 1 items 1 and 2, by substituting " Note 1 " for " Note " in the note and inserting note 2, effective 6 April 2022.

102(2)
In the absence of proof to the contrary, the document is taken to have been received by, or served on, the person when the document would, in the due course of business practice, be delivered to that address or document exchange.

102(3)
Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act 1999 do not apply to documents that are required or permitted by the Act or this instrument to be given or sent to, or served on, a person.
Note:

Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act 1999 deal with the consent of the recipient of information to the information being given by way of electronic communication.

View history note

Hide history note

History

S 102(3) inserted by FRLI No F2022L00528, s 4 and Sch 1 item 3, effective 6 April 2022.

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