83CService of notice to produce documents or to attend

83C Service of notice to produce documents or to attend (1) Subject to subsection (2), a notice to produce or attend must be served at a reasonable time, being not less than 7 days before the date on which the person is required to attend or otherwise comply with the notice. (2) The Information Commissioner may serve a notice to attend requiring immediate attendance by a person if— (a) the Information Commissioner considers on reasonable grounds that a delay in the person's attendance is likely to result in— (i) evidence being lost or destroyed; or (ii) the commission of an offence; or (iii) the escape of the person on whom the notice is served; or (iv) serious prejudice to the purpose for which the notice was issued; or (b) the person on whom the notice is served consents to immediate attendance. S. 83C(3) amended by No. 11/2021 s. 167(1)(a). (3) A notice to produce or attend directed to a natural person must be served by serving a copy of the notice on the person personally or in accordance with subsection (3A). S. 83C(3A) inserted by No. 11/2021 s. 167(2). (3A) A document that must be served personally on a person may be served on a natural person by— (a) sending by registered post a copy of the document addressed to that person at the person's last known place of residence or business; or (b) delivering a copy of the document to the person by means of electronic communication that is confirmed as having been received by the person; or (c) sending by registered post a copy of the document, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or (d) leaving a copy of the document for that person— (i) at the place of business of the person's authorised legal representative; and (ii) with a person who apparently works there and who is apparently not less than 18 years of age; or (e) delivering a copy of the document, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or (f) delivering a copy of the document to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative. S. 83C(4) amended by No. 11/2021 s. 167(1)(b). (4) A notice to produce or attend directed to a body corporate must be served by leaving a copy of the notice at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age or in accordance with subsection (4A). S. 83C(4A) inserted by No. 11/2021 s. 167(3). (4A) A document that must be served on a body corporate may be served by— (a) sending by registered post a copy of the document addressed to that body corporate at the registered office or principal place of business of the body corporate; or (b) delivering a copy of the document to the body corporate by means of an electronic communication that is confirmed as having been received by the body corporate. S. 83C(4B) inserted by No. 11/2021 s. 167(3). (4B) For the purposes of subsection (3) or (3A), a person may deliver a copy of a document to another person personally by placing a copy of the document on a surface in the presence of that other person. S. 83C(4C) inserted by No. 11/2021 s. 167(3). (4C) For the purposes of subsections (3A)(b) and (f) and (4A)(b), the receipt of a document may be confirmed by any form of electronic communication. (5) Subsection (4) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act. S. 83D (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 26.2). S. 83D inserted by No. 20/2017 s. 88, amended by No. 31/2024 s. 57 (ILA s. 39B(1)).