South Australian Current Acts

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SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011 - SECT 101

101—Service of notices or other documents

        (1)         Subject to this section, if this Act requires or authorises a notice, order or other document to be served on, or given to, a person, the notice, order or document may—

            (a)         be served on, or given to, the person or an agent of the person; or

            (b)         be left for the person at his or her place of residence or business with someone apparently over the age of 16 years; or

            (c)         be sent by post to the person or an agent of the person at his or her last known address; or

            (d)         if the notice, order or document is to be served on the owner of land, the land is unoccupied, and the person seeking to serve the notice, order or document has taken reasonable steps to effect service under the other paragraphs of this subsection but has been unsuccessful—be served by fixing it to some conspicuous part of the land; or

            (e)         if the notice, order or document is to be served on the occupier of land—be sent by post to the occupier at the address of the land; or

            (f)         be served on the person by fixing it to, or leaving it on, a vessel that the person is apparently in charge of, or expected to board at some stage, if the person giving or serving the notice, order or document has reasonable grounds to believe that service in this manner will bring the notice, order or document to the attention of the person to be served; or

            (g)         be sent to the person by fax or email to a fax number or email address provided by the person (in which case the notice, order or document will be taken to have been served or given at the time of transmission); or

            (h)         be served or given in some other manner prescribed by the regulations.

        (2)         Without limiting subsection (1), a notice, order or document to be served on or given to a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth may be served or given in accordance with that Act.

        (3)         Subject to the regulations, a notice, order or document required or authorised to be given to an owner of land may, if it is to be served personally, be served on the owner, one of any joint owners, or the agent of the owner.

        (4)         Subject to this section, an order under Part 10 must be served personally on the relevant person.

        (5)         In the event that personal service of an order under Part 10 is not reasonably practicable, such an order may be served in a manner contemplated by subsections (1)(a), (b) or (c).

        (6)         Subsection (4) does not apply to a written notice confirming an oral order made under Part 10.



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