VICIn ForceAct
Environment Protection Act 2017
344Service of documents
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344 Service of documents
(1) A document required to be given to or served on a person by or under this Act may be given or served personally on the person or by—
(a) sending it by post to the person at the person's usual or last known residential or business address; or
(b) leaving it at the person's usual or last known residential address with a person on the premises who is apparently at least 16 years old; or
(c) leaving it at the person's usual or last known business address with a person who is apparently employed at the premises and is apparently at least 16 years old; or
(d) sending it by electronic communication to the person at the person's usual or last known electronic address.
(2) A document under this Act required to be given to or served on a body corporate may be given or served by giving it to, or sending it by post or electronic communication to, the body corporate at the head office, registered office or principal place of business of the body corporate.
(3) If a document relates to a contravention of this Act by a person, the following is taken to be the person's usual or last known residential or business address unless there are circumstances to suggest that the person resides or carries on business elsewhere—
(a) in the case of a contravention arising out of the driving or use of a motor vehicle—the address appearing as the person's address in the licence to drive (if any) produced by the person at the time of the contravention or when it is investigated;
(b) in the case of a contravention by the registered owner of a motor vehicle—the address appearing as the address of the owner in the certificate of registration of the motor vehicle for the time being in force under the **Road Safety Act 1986** or under a corresponding law of the Commonwealth, a State or a Territory;
(c) in the case of a contravention by the registered owner of a vessel—the address appearing as the address of the owner—
(i) for a recreational vessel within the meaning of section 3(1) of the **Marine Safety Act 2010**, in the certificate of registration of the vessel for the time being in force under the **Marine Safety Act 2010** or under a corresponding law of the Commonwealth, a State or a Territory; or
(ii) for a domestic commercial vessel within the meaning of section 3(1) of the **Marine Safety Act 2010**, in the certificate of survey of the domestic commercial vessel for the time being in force under the Marine Safety (Domestic Commercial Vessel) National Law.
(4) If this Act requires or authorises a document to be given to or served on the master or owner of a vessel, and the notice is given to or served on an agent of the vessel in accordance with this section, the notice is taken to have been given to or served on the owner or master of the vessel.
(5) If—
(a) person is charged with an offence alleged to have been committed on board a vessel; and
(b) the vessel is for the time being out of the jurisdiction—
documents relating to the offence are taken to be served on the person by being served on the agent of the vessel in respect of which the offence is alleged to have occurred.
(6) Subject to subsection (7), the provisions of this section are in addition to, and not in derogation from, the **Interpretation of Legislation Act 1984**, the **Electronic Transactions (Victoria) Act 2000** and sections 109X and 601CX of the Corporations Act.
(7) Section 8(2) of the **Electronic Transactions (Victoria) Act 2000** does not apply to service of a notice or order under this section.
(8) In this section, a reference to a contravention includes a reference to an alleged contravention.
S. 345 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).