64Issue etc. of provisional improvement notice or inspector's notice

64 Issue etc. of provisional improvement notice or inspector's notice

(1) A provisional improvement notice, or notice given by an inspector under section 63(3)(b), may be issued or given to a person by—

(a) delivering it personally to the person or sending it by post or facsimile to the person's usual or last known place of residence or business; or

(b) leaving it for the person at the person's usual or last known place of residence or business with a person who is apparently over 16 years and who apparently resides or works there; or

S. 64(1)(c) amended by No. 48/2017 s. 14(1).

(c) leaving it for the person at the workplace to which the notice relates with a person who is apparently over 16 years and who is apparently the occupier for the time being of the workplace; or

S. 64(1)(d) inserted by No. 48/2017 s. 14(2), amended by No. 36/2021 s. 16(2).

(d) if the person to whom the notice is to be issued or given is not a body corporate, sending it by electronic communication to the person at the person's usual or last known electronic address; or

S. 64(1)(e) inserted by No. 48/2017 s. 14(2).

(e) if the person is an employer registered under section 434 of the Workplace Injury Rehabilitation and Compensation Act 2013, sending it by post or electronic communication to the last address for service shown on a communication from the employer to the Authority.

S. 64(2) inserted by No. 48/2017 s. 14(3), substituted by No. 36/2021 s. 16(3).

(2) In addition to subsection (1), if the person to whom a notice is to be issued or given is a body corporate, the notice may be issued or given by—

(a) delivering it personally to the head office, registered office or principal place of business of the body corporate; or

(b) sending it by post to the head office, registered office or principal place of business of the body corporate; or

(c) sending it by electronic communication to an employee, agent or officer of the body corporate.

S. 64(3) inserted by No. 48/2017 s. 14(3), amended by No. 49/2018 s. 20(1).

(3) Subject to subsection (4), this section is in addition to, and not in derogation from, the Interpretation of Legislation Act 1984, the Electronic Transactions (Victoria)
Act 2000 and sections 109X and 601CX of the Corporations Act.

S. 64(4) inserted by No. 49/2018 s. 20(2), amended by No. 36/2021 s. 16(4).

(4) Section 8(1) and (2) of the Electronic Transactions (Victoria) Act 2000 do not apply to the issue or giving of a notice by electronic communication under this section.