South Australian Current Acts

PROTECTION OF MARINE WATERS (PREVENTION OF POLLUTION FROM SHIPS) ACT 1987 - SECT 32

32—Service of notices

        (1)         Where a notice under this Division is addressed to the owner or master of a ship, that notice may be served—

            (a)         personally; and

            (b)         in the case of service on the owner—by serving the notice on the agent or master of the ship; and

            (c)         in the case of service on the master—by serving the notice on the agent of the ship or a person on board the ship who is apparently a member of the crew of the ship; and

            (d)         where it is not reasonably practicable to serve the owner or master in any other manner—

                  (i)         by transmitting the contents of the notice to the master of the ship; or

                  (ii)         by affixing the notice to the ship in a reasonably conspicuous place.

        (2)         Where a notice under this Division in respect of a vehicle is addressed to a relevant person, that notice may be served—

            (a)         personally; or

            (b)         by serving the notice on any owner of the vehicle; or

            (c)         where it is not reasonably practicable to serve the person in any other manner, by affixing the notice to the vehicle in a reasonably conspicuous place.

        (3)         Where a notice under this Division in respect of an apparatus is addressed to a relevant person, that notice may be served—

            (a)         personally; or

            (b)         by serving the notice on any owner of the apparatus; or

            (c)         where it is not reasonably practicable to serve the person in any other manner, by affixing the notice to the apparatus in a reasonably conspicuous place.

        (4)         A notice that is to be served on a company may be served by handing it to a director, secretary or other officer of the company.

        (5)         A statement in writing, purporting to be made and signed by a person employed as a communications officer whose duties include the transmission of messages to ships at sea, that person—

            (a)         cause the contents of a notice to be transmitted to a ship at sea; and

            (b)         received a clear acknowledgment of the receipt of those contents from a person purporting to be on board the ship,

shall be deemed, in the absence of proof to the contrary, to be proof of service for the purposes of subsection (1)(d)(i).