57Public officer of company

57 Public officer of company

(1) Every company which is an employer shall at all times be represented for the purposes of this Act by a public officer, being a person residing in Australia and duly appointed by the company or by its duly authorized agent or attorney. (2) The company shall appoint a public officer within 3 months after the commencement of this Act or after the company becomes an employer, whichever is the later, and the company shall keep the office of the public officer constantly filled.

Penalty: $4 for every day during which the failure to make the appointment continues.

(3) No appointment of a public officer shall be deemed to be duly made until after notice thereof in writing, specifying the name of the officer and an address for service upon him, has been given to the Commissioner. (4) Service of any document at the address for service, or on the public officer of the company, shall be sufficient service upon the company for all the purposes of this Act or the regulations, and if at any time there is no public officer then service upon any person acting or appearing to act in the business of the company shall be sufficient. (5) The public officer shall be answerable for the doing of all things which are required to be done by the company under this Act or the regulations, and in case of default shall be liable to the same penalties. (6) Everything done by the public officer which he is required to do in his representative capacity shall be deemed to have been done by the company. (7) The absence or non‑appointment of a public officer shall not excuse the company from the necessity of complying with any of the provisions of this Act or the regulations, or from any penalty for failure to comply therewith, but the company shall be liable to comply with the provisions of this Act as if there were no requirement to appoint a public officer. (8) Any notice given to or requisition made upon the public officer shall be deemed to be given to or made upon the company. (9) Any proceedings under this Act taken against the public officer shall be deemed to have been taken against the company, and the company shall be liable jointly with the public officer for any penalty imposed upon him. (10) Notwithstanding anything contained in this section, and without in any way limiting, altering or transferring the liability of the public officer of a company, every notice, process or proceeding which under this Act or the regulations may be given to, served upon or taken against the company or its public officer may, if the Commissioner thinks fit, be given to, served upon or taken against any director, secretary or other officer of the company, or any attorney or agent of the company, and that director, secretary, officer, attorney or agent shall have the same liability in respect of that notice, process or proceeding as the company or public officer would have had if it had been given to, served upon, or taken against the company or public officer.