Part 4Service of notices or documents

Part 4—Service of notices or documents 32—Service by fax or email of vendor's statement, certificate of agent acting on behalf of purchaser or notice of amendment to vendor's statement The following notices or documents required or authorised to be given to or served on a person under the Act may (instead of a method of service set out in section 17 of the Act) be given to or served on the person by transmission to the person by fax or email to a fax number or email address provided by the person for the purpose (in which case the notice or document is taken to be given or served at the time of transmission of the fax or email): (a) a vendor's statement; (b) a certificate of an agent acting on behalf of a purchaser (service on purchaser) (section 9(2)(c) of the Act); (c) a notice of amendment to a vendor's statement (section 10 of the Act). 33—Method of service of other notices or documents (1) The following notices or documents required or authorised to be given to or served on a person under the Act or these regulations may be given to or served on the person in accordance with subregulation (2): (a) a certificate of an agent acting on behalf of a vendor (section 9(1)(ba) of the Act); (b) a certificate of an agent acting on behalf of a purchaser (service on vendor) (section 9(2)(ba) of the Act); (c) a written guide and details of sales of comparable land and other information (section 20(2) of the Act); (d) a copy of an agreement or instrument (section 20(4) of the Act); (e) a copy of a variation of an agreement or instrument (section 20(6) of the Act); (f) a notice of expiry (section 20(6a) of the Act); (g) a notice indicating a vendor's intention not to extend a sales agency agreement (section 20(6a)(a) of the Act); (h) a copy of a signed offer (section 21(1)(d) or (2)(d) of the Act); (i) a notice confirming the fact that an offer was made (section 21(2a)(b) of the Act); (j) a notice acknowledging a vendor's receipt of a copy of a signed offer (section 21(4) of the Act); (k) a copy of a written offer for land (section 21(5)(a) of the Act); (l) a notice in relation to financial or investment advice (section 24B of the Act and regulation 21(b)); (m) a copy of a land valuer's valuation report (section 24E(1)(b) of the Act); (n) a warning notice in the form approved by the Commissioner (section 24F(4)(a) of the Act); (o) a copy of a form acknowledging receipt of a warning notice (section 24F(4)(b) of the Act). (2) A notice or document referred to in subregulation (1) may be given to or served on a person— (a) by giving it to the person personally; or (b) by posting it to the person at the person's address for service (in which case it is taken to be given or served at the time of posting); or (c) — (i) if the person is an agent—by leaving it for the agent with a person apparently responsible to the agent at the agent's address for service (being the address last notified to the Commissioner as the agent's address for service under the Land Agents Act 1994 or an address nominated by the agent to the person giving or serving the notice or document for the purpose of the giving or service of the notice or document); or (ii) in any other case—by leaving it for the person at the person's address for service of the notice or document with someone apparently over the age of 16 years, (in which case, whether left in accordance with subparagraph (i) or (ii), it is taken to be given or served at the time when it is left at the address); or (d) by transmitting it to the person by fax or email to a fax number or email address provided by the person for the purpose of the giving or service of the notice or document (in which case it is taken to be given or served at the time of transmission of the fax or email). (3) In this regulation— address for service of a person (other than an agent) in relation to a notice or document means— (a) an address nominated by the person for the purpose of the giving or service of the notice or document; or (b) if there is no such nominated address, the last known address of the person. 34—Service by email of signed notices or documents If a provision of the Act or these regulations requires a notice or other document to be signed before it is given to or served on a person, a reference in the Act or these regulations to the giving or service of that notice or document by email will be taken to include a reference to the transmission by email of an electronic copy of the signed notice or document.