Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 9

Service on companies and registered bodies

             (1)  Service of a process, order or document under this Act on a company is to be effected by leaving it at, or by sending it by post to, the company's registered office.

             (2)  Without limiting the operation of subsection (1), a process, order or document may be served on a company by delivering a copy of it personally to a director of the company who resides in Australia.

             (3)  If a liquidator of a company has been appointed, a process, order or document may be served on the company by leaving it at, or by sending it by post to, the address of the liquidator's office in the most recent notice of that address lodged under the Corporations Act 2001 .

          (4A)  If an administrator of a company has been appointed, a process, order or document may be served on the company by leaving it at, or by sending it by post to, the address of the administrator in the most recent notice of that address lodged under the Corporations Act 2001 .

             (5)  Service of a process, order or document under this Act on a registered body is to be effected by leaving it at, or by sending it by post to, the body's registered office.

             (6)  If the registered body is a registered foreign company, a process, order or document may be served by leaving it at, or by sending it by post to:

                     (a)  the address of a local agent of the foreign company notice of which has been lodged under the Corporations Act 2001 ; or

                     (b)  if a notice or notices of a change or alteration in that address has or have been so lodged--the address shown in that last-mentioned notice or the later or latest of those last-mentioned notices.

             (7)  Without limiting the operation of subsections (5) and (6), a process, order or document may be served on a registered body by delivering a copy of it personally to each of 2 directors of the registered body who reside in Australia.

             (8)  If a liquidator of a registered body has been appointed, a process, order or document may be served on the registered body by leaving it at, or by sending it by post to, the last address of the office of the liquidator notice of which has been lodged under the Corporations Act 2001 .

          (8A)  Without limiting the operation of this section, if the process, order or document is not an initiating process or subpoena, service may be effected at the address for service of the company or registered body in the proceedings concerned in accordance with any applicable rules of court.

             (9)  Subsections 109X(1) and (2) and section 601CX of the Corporations Act 2001 do not apply to a process, order or document that may be served under this Act.

           (10)  For the purposes of this section:

                     (a)  the situation of a company's registered office is to be determined according to Part 2B.5 of the Corporations Act 2001 ; and

                     (b)  the situation of a registered body's registered office is to be determined according to subsection 601CX(2) of the Corporations Act 2001 .

           (11)  In this section:

"director" has the same meaning as it has in the Corporations Act 2001 .

"local agent" has the same meaning as it has in the Corporations Act 2001 .

"registered foreign company" has the same meaning as it has in section 601CX of the Corporations Act 2001 .

"registered office" has the same meaning as it has in the Corporations Act 2001 .



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