39Service of documents

#### 39 Service of documents 39 Service of documents > > (1) A document authorised or required by this Act or the regulations to be served on a person may be served in any of the following ways— > > > > > (a) for service on an individual— > > > > > > > (i) by personal delivery to the individual, or > > > > > > > (ii) by post to— > > > > > > > > > (A) the address specified by the individual for service of documents generally or documents of that kind, or > > > > > > > > > (B) if the individual has not specified an address for service—the residential or business address of the individual last known to the person serving the document, or > > > > > > > (iii) if the individual’s address for service includes a document exchange address in New South Wales—by leaving a copy of the document, addressed to the individual, at the document exchange in accordance with the usual arrangements for the exchange, or > > > > > > > (iv) by leaving a copy of the document, addressed to the individual— > > > > > > > > > (A) at the address specified by the individual for service of documents generally or documents of that kind, or > > > > > > > > > (B) if the individual has not specified an address for service—at the residential or business address of the individual last known to the person serving the document, or > > > > > > > (v) if the individual has consented, whether explicitly or impliedly, to service of documents generally or documents of that kind by means of electronic communication—by means of electronic communication, or > > > > > > > > Examples of impliedly consenting to service of documents by means of electronic communication— > > > > > > > > previously using email to correspond with the EPA or including the individual’s email address on applications made, or other documents given, to the EPA > > > > > > > (vi) in another way authorised by the regulations for the service of documents generally or documents of that kind, > > > > > (b) for service on another person— > > > > > > > (i) by post to— > > > > > > > > > (A) the address specified by the person for service of documents generally or documents of that kind, or > > > > > > > > > (B) if the person has not specified an address for service—the business address of the person last known to the person serving the document, or > > > > > > > (ii) if the person’s address for service includes a document exchange address in New South Wales—by leaving a copy of the document, addressed to the person, at the document exchange in accordance with the usual arrangements for the exchange, or > > > > > > > (iii) by leaving a copy of the document, addressed to the person— > > > > > > > > > (A) at the address specified by the person for service of documents generally or documents of that kind, or > > > > > > > > > (B) if the person has not specified an address for service—at the business address of the person last known to the person serving the document, or > > > > > > > (iv) if the person has consented, whether explicitly or impliedly, to service of documents generally or documents of that kind by means of electronic communication—by means of electronic communication, or > > > > > > > > Examples of impliedly consenting to service of documents by means of electronic communication— > > > > > > > > previously using email to correspond with the EPA or including the person’s email address on applications made, or other documents given, to the EPA > > > > > > > (v) in another way authorised by the regulations for the service of documents generally or documents of that kind. > > > (2) Also, a document authorised or required by this Act or the regulations to be served on a person that relates to a vehicle may be served by placing the document on the vehicle in a conspicuous position. > > > (3) A person must not remove a document referred to in subsection (2) that relates to a contravention of this Act or the regulations from a vehicle before the matters causing the contravention have been remedied, unless it is necessary to remove the document to remedy the matters. > > > > Maximum penalty— > > > > > (a) for an individual—100 penalty units, or > > > > > (b) otherwise—500 penalty units. > > > (4) Nothing in this section affects the operation of another law, including the rules of a court, authorising a document to be served on a person in another way. > > > (5) In this section— > > > > electronic communication has the same meaning as in the [Electronic Transactions Act 2000](/view/html/inforce/current/act-2000-008). > > > > serve includes give, issue, notify and send. > > **s 39:** Am 2017 No 25, Sch 1.12 \[1\] \[2\]. Subst 2024 No 20, Sch 2\[3\].