37Part not to apply in certain cases

37 Part not to apply in certain cases

(1) Any person (in this section referred to as the claimant) who desires to do, or to continue or complete the doing of, any act against any person (in this section referred to as the respondent) may, if the respondent is resident in Australia and is not, to the knowledge of the claimant, a national serviceman or a female dependant of a national serviceman, serve on the respondent in the manner provided by this section, a notice (in accordance with the prescribed form) requiring the respondent to inform the claimant, within fourteen days after the receipt of the notice, whether or not the respondent is a national serviceman or a female dependant of a national serviceman within the meaning of this Act. (2) A notice under the last preceding subsection shall be served:

(a) personally on the respondent; or

(b) by properly addressing, registering and posting (under prepaid postage) the notice as a letter to the last address of the respondent known to the claimant;

and a notice served in accordance with paragraph (b) of this subsection shall, unless the contrary is proved, be deemed to have been served at the time at which the letter would be delivered in the ordinary course of post. (3) If, within the period specified in subsection (1) of this section, a statutory declaration by the respondent or by some person having knowledge of the facts stating that the respondent is a national serviceman or a female dependant of a national serviceman within the meaning of this Act, is not furnished to the claimant, then, notwithstanding that the respondent is, or at any subsequent time becomes, a national serviceman or a female dependant of a national serviceman, this Part does not apply in respect of the doing, or in respect of the continuance or completion of the doing, of an act of the kind referred to in subsection (1) of this section, provided the claimant commences to do, or to continue or complete the doing of, the act within twenty‑one days after the expiration of the period specified in that subsection. (4) For the purposes of the last preceding subsection, where the doing of any act is dependent on the completion of any preliminary act, the commencement of the doing, or the continuance or completion of the doing, of the preliminary act shall be deemed to be the commencement of the doing of the first‑mentioned act. (5) If the claimant produces evidence (supported by statutory declaration) to the satisfaction of a prescribed officer that:

(a) the respondent has abandoned the property in respect of which the claimant desires to do, or to continue or complete the doing of, any act; or

(b) the respondent cannot be found, the claimant has made reasonable efforts to ascertain his whereabouts and the claimant is not aware that the respondent is a national serviceman or a female dependant of a national serviceman;