5Service of notices and summonses

5 Service of notices and summonses

(1) For the purposes of subsections 2(3A), 2(3C), 3(1), 3(2) and 6AA(3) of the Act, a notice or summons (the document) may be served, for the purposes of a Commission, on a person (the named person) named in the document in a way set out in this section. (2) The document may be served on a named person who is an individual by: (a) handing the document to the named person; or (b) if on tender of the document to the named person the person refuses to accept it—putting it down in the person’s presence after the person has been told of the nature of the document. (3) The document may be served on a named person which is a corporation by: (a) handing the document to a person (the served person) apparently an officer of, or in the service of, the corporation and apparently of or above the age of 16 years: (i) at the registered office of the corporation; or (ii) if there is no registered office, at the principal place of business or the principal office of the corporation; or (b) if on tender of the document to the served person the person refuses to accept it—putting it down in the person’s presence after the person has been told of the nature of the document. (4) The document may be served on a named person (whether an individual or a corporation) by handing the document to a legal practitioner who: (a) has authority to accept service of the document on the named person’s behalf; and (b) accepts service of the document on the named person’s behalf. (5) The document may be served on a named person (whether an individual or a corporation), or any other person, in a particular way if: (a) before the document is served, the named person has agreed in writing to accept service for the purposes of the Commission in that way; and (b) the agreement is still in force.

Note: This subsection extends to electronic ways of serving the document.

(6) If a member of the Commission has previously served the named person with a notice for the purposes of subsection 2(3A) or (3C) or 6AA(3) of the Act under any of the ways set out in subsections (2) to (5) of this section, that member (or another member) of the Commission may later serve another notice for those purposes on the person by sending the notice by pre‑paid post addressed to the person at: (a) an address provided by the named person to the Commission; or (b) the named person’s residential or business address last known to the member of the Commission serving the later notice.