VICIn ForceAct
Occupational Health and Safety Act 2004
64Issue etc. of provisional improvement notice or inspector's notice
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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.