CTHRepealedLegislation
Australian Sports Drug Agency Regulations 1999
83When notices are presumed to have been received
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83 When notices are presumed to have been received
(1) This regulation applies if the Agency sends a notice to a competitor for these regulations.
(2) The competitor is presumed to have received the notice (unless the Agency is given evidence sufficient to raise doubt about the presumption):
(a) if the notice is delivered personally to the competitor — on the day when it is delivered; and
(b) if the notice is sent by means of a prescribed courier service, to the competitor at the address of the competitor’s place of residence last known to the Agency, being a place of residence in Australia — 3 days after the date it is sent; and
(c) if the notice is sent by post, or by means of a prescribed courier service, to the competitor at the address of the competitor’s place of residence last known to the Agency, being a place of residence outside Australia — 10 days after the date it is sent; and
(d) if the competitor has notified the Agency of a number to which notices may be sent to the competitor by facsimile and the notice is sent to that number — the day it is sent; and
(e) if the notice is sent to the competitor’s electronic mail address (if any) — the day it is sent.
> Note For service by post to an address in Australia or an external Territory, see Evidence Act 1995, s 160.
(3) However, subregulation (4) applies if:
(a) the notice cannot be:
(i) delivered personally; or
(ii) sent to the competitor by post or prescribed courier service; or
(iii) sent to the competitor by facsimile transmission; and
(b) a notice (to which the notice to the competitor is attached in a sealed envelope addressed to the competitor) is sent to a sporting administration body of which the competitor is a member at its address last known to the Agency asking the organisation to send the envelope to the competitor.
(4) The competitor is presumed to have received the notice 10 days after the date it is sent.
> Note 1 Section 67A of the Act states the different ways in which a written notice by the Agency to a person or sporting organisation may be given.
> Note 2 See r 86 about prescribed courier services.