19EIssue of notices

19E Issue of notices

(1) A non-disturbance notice, improvement notice or prohibition notice may be issued to a person—

(a) by delivering it personally to the person, or by sending it by post or facsimile to the person's usual or last known place of residence or business; or

S. 19E(1)(ab) inserted by No. 49/2018 s. 29(1), amended by No. 36/2021 s. 25(2).

(ab) if the person to whom the notice is to be issued is not a body corporate, by sending it by electronic communication to the person at the person's usual or last known electronic address; or

S. 19E(1)(ac) inserted by No. 49/2018 s. 29(1).

(ac) if the person is an employer registered under section 434 of the Workplace Injury Rehabilitation and Compensation Act 2013, by sending it by post or electronic communication to the last address for service shown on a communication from the employer to the Authority; or

(b) by leaving it for the person at the person's usual or last known place of residence or business with a person who is apparently over 16 years and who apparently resides or works there; or

(c) in the case of a notice relating to an equipment site, by leaving it for the person at the site with a person who is apparently over 16 years and who apparently is the site manager for the time being of the site.

S. 19E(1AA) inserted by No. 36/2021 s. 25(3).

(1AA) In addition to subsection (1), if the person to whom a notice is to be issued is a body corporate, the notice may be issued by—

(a) delivering it personally to the head office, registered office or principal place of business of the body corporate; or

(b) sending it by post to the head office, registered office or principal place of business of the body corporate; or

(c) sending it by electronic communication to an employee, agent or officer of the body corporate.

S. 19E(1A) inserted by No. 49/2018 s. 29(2).

(1A) Subject to subsection (1B), this section is 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.

S. 19E(1B) inserted by No. 49/2018 s. 29(2), amended by No. 36/2021 s. 25(4).

(1B) Section 8(1) and (2) of the Electronic Transactions (Victoria) Act 2000 do not apply to the issue of a notice by electronic communication under this section.

(2) If the person to whom an improvement notice or prohibition notice is issued is the proprietor of, or is in charge of, prescribed equipment at an equipment site, but is not the site manager of the site, he or she must as soon as possible give a copy of the notice to the site manager of the site (unless the equipment to which the notice relates is no longer at the site).