121When service is effective

121 When service is effective

(1) For the purposes of this Act, a document must be taken, unless the contrary is proved, to have been served on or given to a person by the Secretary—

(a) in the case of delivery in person—at the time the document is delivered; and

(b) in the case of posting—7 business days after the day on which the document was posted; and

(c) in the case where the Secretary makes a document available for access or retrieval by the person from or through an internet site of the Department—at the time the Secretary notifies the person by electronic communication that the document is available to be accessed or retrieved; and

(d) in the case of any other form of electronic communication—at the time that communication is received; and

An email or facsimile is taken to be served on a person at the time the email or facsimile is received by the person—see section 13A of the Electronic Transactions (Victoria) Act 2000 in relation to the time of receipt of an electronic communication.

(e) in the case of a prescribed means of service—at the prescribed time.

(2) For the purposes of subsection (1)(c), notification is taken to have been given to a person by the Secretary at the time the electronic communication of the notification is received by the person.

Division 7—Delegations and other instruments