Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 202B

Presumption as to effective service by post, electronic communication

    (1)     Subject to any order under section 202A(3) , in the absence of evidence to the contrary, a document is taken to have been served under an order for alternative service—

        (a)     if the document is required to be served by prepaid post to an address, at the time at which the document would have been delivered in the ordinary course of post; or

        (b)         if the document is required to be served by registered post to an address, at the time at which the document would have been ordinarily delivered by registered post.

    (2)     Subsection (1) applies despite anything to the contrary in section 49 of the Interpretation of Legislation Act 1984 .

    (3)     If an order for alternative service requires
that a document be served by electronic communication—

        (a)     the Electronic Transactions (Victoria) Act 2000 extends and applies to service of the document, whether or not the person to be served consented to information being given by means of an electronic communication, and as if the person had consented to service by electronic communication; and

        (b)     subject to any order under section 202A(3), in the absence of evidence to the contrary, the document is taken to have been served at the time of receipt referred to in section 13A of that Act.

Note

The Electronic Transactions (Victoria) Act 2000 provides that written information may be given to a person by means of electronic communication, with that person's consent. Sections 13A and 13B of that Act provide for time and place of receipt.

S. 202C inserted by No. 19/2017 s. 28.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback