141When is service effective?

141 When is service effective?

S. 141(1) amended by No. 15/2018 s. 73(1).

(1) For the purposes of this Act, a notice, order or other document must be taken to have been served on, or given to, a person or an unincorporated association—

S. 141(1)(a) substituted by No. 15/2018 s. 73(2).

(a) in the case of delivery in person—

(i) if the document was delivered on a business day before 4.00 p.m., at the time of delivery; or

(ii) in any other case, on the business day following the day of delivery;

S. 141(1)(b) substituted by No. 38/2017 s. 41(1).

(b) in the case of posting—in the ordinary course of post, unless the rules provide otherwise;

Note to s. 141(1)(b) inserted by No. 38/2017 s. 41(2).

See section 49 of the Interpretation of Legislation Act 1984.

S. 141(1)(c) substituted by No. 15/2018 s. 73(3).

(c) in the case of electronic communication—

(i) if the communication was delivered on a business day before 4.00 p.m., at the time of delivery; or

(ii) in any other case, on the business day following the day of delivery.

S. 141(2) substituted by No. 15/2018 s. 73(4).

(2) For the purposes of subsection (1)(c), unless the rules provide otherwise, an electronic communication is delivered—

(a) unless paragraph (b) applies, at the time the communication was dispatched; or

(b) if the Tribunal finds that the communication was not capable of being retrieved until a later time, at that later time.

Section 13 of the Electronic Transactions (Victoria) Act 2000 specifies the time of dispatch of an electronic communication.

S. 141(2A) inserted by No. 15/2018 s. 73(4).

(2A) Subsections (1)(c) and (2) apply despite section 13A of the Electronic Transactions (Victoria) Act 2000.

(3) In this section—

business day means a day other than—

(a) a Saturday or Sunday; or

(b) a public holiday or public half-holiday in the place to where the notice is sent or delivered.