QLDIn ForceAct
Building Act 1975
sec.245XZGiving documents
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### sec.245XZ Giving documents
A document may be given to a person under this part in the following ways—
leaving it with someone who is apparently an adult living at the relevant address;
if there is no-one at the relevant address—leaving it at the relevant address in a position where it is reasonably likely to come to the person’s attention;
if the relevant address is within a building or area to which the person who gives the document has been denied access—leaving it at the building or area in a position where it is reasonably likely to come to the person’s attention;
posting it to the relevant address.
In a proceeding relating to this part, evidence of giving a document may be given orally or by affidavit.
For this section, a justice may take and receive an affidavit whether or not any matter to which the affidavit relates is pending in any court or QCAT.
If there are 2 or more joint owners of land and a person can not locate every owner, the document is taken to have been given to all joint owners if the person gives the document to at least 1 of the joint owners under this section.
This section does not limit the operation of the Acts Interpretation Act 1954 , part 10 .
In this section—
document means a notice or a copy of an order under this part.
relevant address , for a person to be given a document, means the person’s usual or last known place of residence or business and includes the person’s address as provided by a local government from its records.
s 245XZ ins 2011 No. 27 s 218
(sec.245XZ-ssec.1) A document may be given to a person under this part in the following ways— leaving it with someone who is apparently an adult living at the relevant address; if there is no-one at the relevant address—leaving it at the relevant address in a position where it is reasonably likely to come to the person’s attention; if the relevant address is within a building or area to which the person who gives the document has been denied access—leaving it at the building or area in a position where it is reasonably likely to come to the person’s attention; posting it to the relevant address.
(sec.245XZ-ssec.2) In a proceeding relating to this part, evidence of giving a document may be given orally or by affidavit.
(sec.245XZ-ssec.3) For this section, a justice may take and receive an affidavit whether or not any matter to which the affidavit relates is pending in any court or QCAT.
(sec.245XZ-ssec.4) If there are 2 or more joint owners of land and a person can not locate every owner, the document is taken to have been given to all joint owners if the person gives the document to at least 1 of the joint owners under this section.
(sec.245XZ-ssec.5) This section does not limit the operation of the Acts Interpretation Act 1954 , part 10 .
(sec.245XZ-ssec.6) In this section— document means a notice or a copy of an order under this part. relevant address , for a person to be given a document, means the person’s usual or last known place of residence or business and includes the person’s address as provided by a local government from its records.
- (a) leaving it with someone who is apparently an adult living at the relevant address;
- (b) if there is no-one at the relevant address—leaving it at the relevant address in a position where it is reasonably likely to come to the person’s attention;
- (c) if the relevant address is within a building or area to which the person who gives the document has been denied access—leaving it at the building or area in a position where it is reasonably likely to come to the person’s attention;
- (d) posting it to the relevant address.