Commonwealth Consolidated Regulations

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OCCUPATIONAL HEALTH AND SAFETY (SAFETY ARRANGEMENTS) REGULATIONS 1991 - REG 37

Service of notices

         (1)   For the purposes of the Act or these Regulations, a notice that is to be given to Comcare may be delivered in business hours to a Comcare office.

         (2)   For the purposes of the Act and these Regulations, a notice that is to be given to an employer may be delivered:

                (a)    in the case of a notice to be given to the Commonwealth -- to the Agency Head of the relevant Entity; and

               (b)    in the case of a notice to be given to a Commonwealth authority -- to the principal officer of that Commonwealth authority; and

                (c)    in the case of a notice in respect of work performed by a member of the Australian Defence Force -- to the Chief of the Defence Force; and

               (d)    in the case of a notice in respect of work performed by an officer or employee of a body referred to in paragraph 4 (b) -- to the employing authority in relation to the body.

         (3)   For the purposes of the Act and these Regulations, a notice that is to be given to a body corporate that is not a Commonwealth authority may be delivered to a director, principal executive officer or secretary of the body corporate.

         (4)   For the purposes of the Act and these Regulations, a notice may be given to a person:

                (a)    except in the case of a notice under section 68 of the Act ('notification of accidents and dangerous occurrences') -- by a message transmitted to a computer system known to be in use by the person, being a message that is:

                          (i)    in a form compatible with the computer system; and

                         (ii)    capable of being recorded by the computer system; or

               (b)    in the case of a notice of a dangerous occurrence, incapacity within the meaning of paragraph 37A (1) (c) or a serious personal injury -- by direct telephone contact with the person in business hours.

         (5)   For the purposes of the Act and these Regulations, a notice may be given to a person by electronic facsimile message transmitted to a facsimile facility that is installed at the address of the person last known to the person giving the notice.

         (6)   A person who gives a notice to which paragraph 4 (a) applies to another person:

                (a)    must inform the other person by telephone:

                          (i)    before transmission of the message; or

                         (ii)    as soon as practicable after transmission of the message;

                        of the fact that the message will be, or has been, transmitted; and

               (b)    must send a copy of the notice by pre-paid post to the address of the other person last known to the first- mentioned person.



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