New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 123

123 Service of notices or other documents

(1) If, under this Act or the regulations, a notice or other document is required to be, or may be, given or served, that notice or other document may be given to or served on--

(a) an individual--

(i) by delivering it to him or her personally,

(ii) by leaving it at his or her place of residence last known to the Secretary with someone who apparently resides there or at his or her place of business or employment last known to the Secretary with someone who is apparently employed there, being in either case a person who has or who apparently has attained the age of 16 years, or

(iii) by posting it in a letter addressed to him or her at the address last known to the Secretary of his or her place of residence, or

(iv) by sending it to an email address provided by him or her for the purpose of the service of notices or other documents,

(b) a firm or corporation--

(i) by delivering it to a person who is or who is apparently concerned in the management of the firm or corporation,

(ii) by leaving it at the only or principal place of business of the firm or corporation with a person apparently employed there, being a person who has or who apparently has attained the age of 16 years, or

(iii) by posting it in a letter addressed to the firm or body corporate at the address last known to the Secretary of its only or principal place of business, or

(iv) by sending it to an email address provided for the firm or corporation, by a person apparently concerned in the management of the firm or corporation, for the purpose of the service of notices or other documents on the firm or corporation.

(2) A notice or document that is delivered, left or posted in accordance with this section is to be taken to have been given or served on its being so delivered or left or, if it is posted, is (in the absence of evidence to the contrary) to be prima facie taken to have been given or served when it would have been delivered in the ordinary course of the post.