179Service of documents

179 Service of documents (1) Subject to this Act, documents required or permitted by this Act to be given or served may be served— (a) personally; or (b) by post; or (c) by registered post; or S. 179(1)(ca) inserted by No. 17/2022 s. 65(1). (ca) by email or other electronic communication if a person to be given or served documents— (i) is of or above the age of 16 years; and (ii) has consented orally or in writing to receiving documents by email or other electronic communication; and (iii) has nominated an electronic address by which they can receive an email or other electronic communication; or S. 179(1)(cb) inserted by No. 17/2022 s. 65(1). (cb) by sending the document electronically to an address for the person to be served contained in a prescribed electronic address database; or (d) by any other prescribed manner. Note to s. 179(1) repealed by No. 17/2022 s. 65(2). (2) A document must be served personally if it is— (a) a seven-day notice; or (b) a summons for oral examination; or S. 179(2)(c) repealed by No. 59/2017 s. 66(1). S. 179(2)(d) repealed by No. 59/2017 s. 66(2). (e) a declared director notice. S. 179(2A) inserted by No. 17/2022 s. 65(3). (2A) Despite section 23(2), a notice of final demand may be served— (a) by email or other electronic communication if a person to be served the notice— (i) is of or above the age of 16 years; and (ii) has consented orally or in writing to receiving documents by email or other electronic communication; and (iii) has nominated an electronic address by which they can receive an email or other electronic communication; or (b) by sending the notice electronically to an address for the person to be served contained in a prescribed electronic address database. (3) An attachment of earnings direction must be served on an employer by post or registered post. S. 179(4) amended by No. 59/2017 s. 66(3). (4) An attachment of debts direction must be served on a garnishee by post, registered post or electronically. (5) If a document is served on a declared director, it must be addressed to the address lodged with the Australian Securities and Investments Commission as the registered office address of the body corporate in respect of which that person is a director. For service on corporations generally, see section 109X of the Corporations Act. (6) Subject to any evidence to the contrary and despite anything to the contrary in the **Interpretation of Legislation Act 1984**, any document that is served by post in accordance with this section is taken to be served 7 days after the date specified in the document as the date of that document. S. 179(7) inserted by No. 17/2022 s. 65(4). (7) Subject to subsection (8), an email or other form of electronic communication is taken to have been received at the time the email or other form of electronic communication is sent. S. 179(8) inserted by No. 17/2022 s. 65(4). (8) If an email or other form of electronic communication is sent after 4.00 p.m. on any day, it is taken to have been received on the next business day.