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.