sch.4-sec.45Notices

### sch.4-sec.45 Notices A notice under this agreement must be written and, if there is an approved form for the notice, in the approved form. A notice from the tenant to the lessor may be given to the lessor’s agent. A notice may be given to a relevant party— by giving it to the relevant party personally; or if an address for service for the relevant party is stated in item 1, 2 or 3—by leaving it at the address or sending it by prepaid post as a letter to the address; or if an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2 or 3 and item 4 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 . email, facsimile, text message If no address for service is stated in item 2 for the tenant, the tenant’s address for service is taken to be the address of the premises. A relevant party may change their address for service or electronic address only by giving notice to each other relevant party of their new address for service or a new electronic address. On the giving of a notice of a new address for service or new electronic address for a relevant party, the address for service or electronic address stated in the notice is taken to be the relevant party’s address for the relevant item in this agreement. A relevant party may withdraw their consent to notices being given to them by electronic communication, or to a specific electronic address, only by giving notice to each other relevant party that notices are no longer to be given to the relevant party electronically, or to that electronic address. Unless the contrary is proved— a notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and a notice sent by post is taken to have been received by the person to whom it was addressed when it would have been delivered in the ordinary course of post; and a notice sent by electronic communication to an electronic address is taken to have been received by the recipient— if the type of electronic communication is email— when the email enters the recipient’s email server; or if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 . In this clause— relevant party means— the lessor; or the tenant; or if there is an agent of the lessor—the lessor’s agent. (sch.4-sec.45-ssec.1) A notice under this agreement must be written and, if there is an approved form for the notice, in the approved form. (sch.4-sec.45-ssec.2) A notice from the tenant to the lessor may be given to the lessor’s agent. (sch.4-sec.45-ssec.3) A notice may be given to a relevant party— by giving it to the relevant party personally; or if an address for service for the relevant party is stated in item 1, 2 or 3—by leaving it at the address or sending it by prepaid post as a letter to the address; or if an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2 or 3 and item 4 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 . email, facsimile, text message (sch.4-sec.45-ssec.4) If no address for service is stated in item 2 for the tenant, the tenant’s address for service is taken to be the address of the premises. (sch.4-sec.45-ssec.5) A relevant party may change their address for service or electronic address only by giving notice to each other relevant party of their new address for service or a new electronic address. (sch.4-sec.45-ssec.6) On the giving of a notice of a new address for service or new electronic address for a relevant party, the address for service or electronic address stated in the notice is taken to be the relevant party’s address for the relevant item in this agreement. (sch.4-sec.45-ssec.7) A relevant party may withdraw their consent to notices being given to them by electronic communication, or to a specific electronic address, only by giving notice to each other relevant party that notices are no longer to be given to the relevant party electronically, or to that electronic address. (sch.4-sec.45-ssec.8) Unless the contrary is proved— a notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and a notice sent by post is taken to have been received by the person to whom it was addressed when it would have been delivered in the ordinary course of post; and a notice sent by electronic communication to an electronic address is taken to have been received by the recipient— if the type of electronic communication is email— when the email enters the recipient’s email server; or if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 . (sch.4-sec.45-ssec.9) In this clause— relevant party means— the lessor; or the tenant; or if there is an agent of the lessor—the lessor’s agent. - (a) by giving it to the relevant party personally; or - (b) if an address for service for the relevant party is stated in item 1, 2 or 3—by leaving it at the address or sending it by prepaid post as a letter to the address; or - (c) if an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2 or 3 and item 4 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 . Examples of types of electronic communication— email, facsimile, text message - (a) a notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and - (b) a notice sent by post is taken to have been received by the person to whom it was addressed when it would have been delivered in the ordinary course of post; and - (c) a notice sent by electronic communication to an electronic address is taken to have been received by the recipient— (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 . - (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or - (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or - (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 . - (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or - (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or - (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 . - (a) the lessor; or - (b) the tenant; or - (c) if there is an agent of the lessor—the lessor’s agent.