Commonwealth Numbered Regulations

1993 No. 18 MIGRATION (REVIEW) (1993) REGULATIONS - REG 39

39. (1) A notice or statement to be given to an applicant in relation to a
decision of a review authority is to be taken to be duly given if the notice
or statement is given:

   (a)  by posting it to the last address for service provided by the
        applicant in connection with his or her application for review; or

   (b)  by posting it to the residential address provided by the applicant in
        his or her application for review; or

   (c)  by giving it to the applicant or to a person authorised by the
        applicant to receive such documents on behalf of the applicant; or

   (d)  by leaving it at the place of residence of the applicant with a person
        apparently an occupant of that place and apparently not less than 16
        years of age.

(2) The notice or statement is to be taken to have been received:

   (a)  if posted to an address in Australia-on the expiry of 5 working days
        after the day of posting; or

   (b)  if sent to an address outside Australia-on the expiry of 21 days after
        the day of posting or on such earlier day as is proved.

(3) It is sufficient compliance with the requirement to give a notice or
statement under subregulation (1) if a facsimile or certified copy of the
notice or statement is so given.

(4) A document posted in accordance with paragraph (1) (a) or (b) must bear
correct pre-paid postage and, if the document is posted to an overseas
address, the postage must be at the airmail rate.