137AService of notices, orders and other documents

137A Service of notices, orders and other documents

(1) Any notice, order or other document under this Act or the regulations required or authorised to be given or served to or upon any person may be served by—

(a) giving it or serving it personally on the person; or

(b) sending it by post or electronic communication to the person at that person's usual or last known place of residence or business; or

(c) leaving it at that person's usual or last known place of residence with a person on the premises who is apparently at least 16 years old; or

(d) leaving it at that person's usual or last known place of business with a person who is apparently employed at the premises and who is apparently at least 16 years old.

(2) This section is in addition to, and not in derogation from, sections 109X and 601CX of the Corporations Act.

(3) If a notice, order or other document is addressed to the owner or occupier of premises, the notice, order or other document may be served by—

(a) delivering the notice, order or other document or a true copy to a person on the premises who is apparently at least 16 years old; or

(b) if there is no person on the premises who can be so served by fixing the notice, order or other document on some conspicuous part of the premises.

(4) If a notice, order or other document is required to be given to or served on a person whose name and address are unknown, the notice, order or other document may be served by publishing the notice, order or other document in—

(a) the Government Gazette; and

(b) a newspaper generally circulating in Victoria 3 times at intervals of not less than one week between any 2 publications.

(5) Any notice, order or other document required to be given to or served on the owner or occupier of any premises may if the name of the owner or occupier is not known be addressed to the owner or occupier by the description of the "owner" or "occupier" of the premises (naming them) in respect of which the notice, order or other document is given without further name or description.

(6) If there are more owners or occupiers than one it is sufficient if the notice, order or other document is served on any one of them and the name of any one of them is specified with the addition of the words "and others".

(7) Non-service on the owner does not affect the validity of service on the occupier.

(8) Non-service on the occupier does not affect the validity of service on the owner.

(9) Instead of attending at any proceedings under this Act or the regulations, a person who gives or serves any notice, order or other document under this Act or the regulations may make an affidavit that—