42How service is effected by parties

#### 42 How service is effected by parties (1) Subject to these Rules, and any directions of the Commission, a person that is required to serve a document on another person must serve the document as soon as practicable. (2) Service of the document on the other person must be effected: (a) by leaving the document with, or tendering the document to: (i) if the person, or the person’s nominated representative, is an individual—the person or representative; or (ii) if the person, or the person’s nominated representative, is a body corporate, an organisation or a branch of an organisation—the secretary of the body corporate, the organisation or the branch; or (b) by leaving the document: (i) if the person, or the person’s nominated representative, is an individual—with an individual, apparently over the age of 15 years, at the residence, or usual place of business, of the person or representative; or (ii) if the person, or the person’s nominated representative, is a body corporate, an organisation or a branch of an organisation—at the registered office of the body corporate or the office of the organisation or branch; or (iii) if the person, or the person’s nominated representative, has notified an address for service in the matter—at that address; or (c) subject to subrule (2A), by posting the document in a prepaid envelope sent by express post or registered post to: (i) if the person, or the person’s nominated representative, is an individual—the residence, or usual place of business, of the person or representative; or (ii) if the person, or the person’s nominated representative, is a body corporate, an organisation or a branch of an organisation—the secretary, at the registered office of the body corporate or the office of the organisation or branch; or (iii) if the person, or the person’s nominated representative, has lodged an address for service in the matter—that address; or (d) subject to subrule (2B), by fax to a fax number: (i) currently published as the fax number of the person or of the person’s nominated representative; or (ii) advised by the person or the person’s nominated representative, in response to a request for a fax number that was made immediately before the transmission of the document, as the person’s or representative’s fax number; or (iii) appearing as the fax number of the person or the person’s nominated representative on a document lodged with the Commission by the person or representative in the same matter; or (e) subject to subrule (2C), by emailing the document to an email address: (i) currently published as the email address of the person or the person’s nominated representative; or (ii) advised by the person or the person’s nominated representative, in response to a request for an email address that was made immediately before the transmission of the document, as the person’s or representative’s email address; or (iii) appearing as the email address of the person or the person’s nominated representative on a document lodged with the Commission by the person or representative in the same matter; or (f) subject to subrule (2C), by emailing the document to the email address of an employee if: (i) the person to be served is an employee of the person who is serving the document; and (ii) a common form of communication between the employer and the employee is by email to a particular email address; and (iii) it is reasonable for the employer to expect that an email to that email address will be received by the employee. (2A) For paragraph (2)(c), service of a document on a person may be effected by posting the document in a prepaid envelope sent by express post only if the person serving the document retains the barcode of the prepaid envelope and produces it if required by the Commission. (2B) For paragraph (2)(d), service of a document on a person may be effected by fax to a fax number only if the person serving the document retains the transmission record showing the successful transmission and produces it if required by the Commission. (2C) For paragraphs (2)(e) and (f), service of a document on a person may be effected by emailing the document to an email address only if the person serving the document: (a) either: (i) retains the email as a “sent item”, showing the email address to which the email was sent and the date and time that it was sent; or (ii) retains a “delivered” statement or a “read receipt” showing the email address to which the email was sent and the date and time that it was sent; and (b) produces the retained document if required by the Commission. (3) For subrule (2): > registered office, in relation to a body corporate, means the principal office or the principal place of business of the body corporate. > secretary, in the case of a body corporate that is established under a law of the Commonwealth or of a State or Territory of the Commonwealth, means the secretary, clerk or other proper officer of the body corporate. (4) For section 29 of the Acts Interpretation Act 1901, if service of a document is effected by posting it in accordance with paragraph (2)(c), a certificate: (a) signed by: (i) a person occupying, or performing the duties of, the office of Managing Director, Australian Postal Corporation; or (ii) a person authorised in writing by that person to give a certificate under this subrule; and (b) stating that a letter that was posted (with prepaid postage) at a specified time, on a specified day and at a specified place, and addressed to a specified address, would, in the ordinary course of the post, have been delivered at that address on a specified day; is evidence of the facts stated.