NSWIn ForceAct
Marine Safety Act 1998
134Service of instruments (except in proceedings for offences)
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#### 134 Service of instruments (except in proceedings for offences)
134 Service of instruments (except in proceedings for offences)
> > (1) Any notice or other instrument issued, made or given for the purposes of the marine legislation may be served—
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> > > (a) by delivering it personally to the person to whom it is addressed, or
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> > > (b) by delivering it to the place of residence or business of the person to whom it is addressed and by leaving it there with some person for him or her, or
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> > > (c) by posting it to the person addressed to the place last shown in the records of the Minister or Transport for NSW as his or her place of residence or business, or
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> > > (c1) by electronic communication to the person in a way specified by the person for the service of notices or instruments of the kind, or
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> > > Example—
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> > > a mobile app
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> > > (d) in any manner in which any court attendance notice or other process in any proceedings for an offence under the marine legislation may be served, or
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> > > (e) if it is to be served on a person on board a vessel—by transmitting its contents to the master of the vessel in any manner or by any other manner authorised by this section, or
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> > > (f) by another method prescribed by the regulations for the service of notices or instruments of the kind.
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> > (1A) A notice or direction may also be given under this Act in relation to an obstruction to navigation or an unsafe vessel by displaying the notice, or a notice containing the direction, on a conspicuous part of the obstruction or vessel for 7 days.
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> > (1B) A person must not, without reasonable excuse, remove a notice displayed in accordance with subsection (1A).
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> > Maximum penalty—50 penalty units.
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> > (2) For the purposes of this section, a person’s place of residence or business includes a vessel on which the person resides or works.
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> > (3) This section does not apply to the service of any court attendance notice or other process in any proceedings for an offence under the marine legislation or to the service of any notice or other instrument for which provision is specifically made in the marine legislation.
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> **s 134:** Am 2008 No 59, Sch 1 \[66\]; 2014 No 38, Sch 1.1 \[12\]; 2020 No 30, Sch 4.42\[1\]; 2025 No 12, Sch 1\[68\]–\[70\].