Victorian Current Acts

HOUSING ACT 1983 - SECT 43

    (1)     Unless it is otherwise expressly provided, every notice, declaration, direction, order or other document which by or under this Act or the regulations is authorized or required to be given to the owner or occupier of any building or land shall be addressed to the owner or to the occupier of that building or land, and shall—

S. 43(1)(a) amended by No. 26/1987 s. 21.

        (a)     if the owner or occupier and the place of residence of the owner or occupier are known to the person giving the notice, be served on such owner or occupier or left with some adult person at the place of residence of the owner or occupier;

S. 43(1)(b) amended by No. 26/1987 s. 21.

        (b)     if the owner and the place of residence of the owner are not known to the person giving the notice, be served on the occupier (if any) of the building or land or left with some adult person at the premises, or if there is no occupier, be put up on some conspicuous part of the building or land; or

S. 43(1)(c) amended by No. 26/1987 s. 21.

        (c)     if the occupier and the place of residence of the owner are not known to the person giving the notice, be put up on some conspicuous part of such building or land.

    (2)     Any notice, declaration, direction, order or other document referred to in subsection (1) may also be served by post by pre-paid letter addressed to the owner or occupier and in proving service it shall be sufficient to prove that the notice, declaration, direction, order or other document was addressed to the usual or last-known place of residence or of business of the owner or occupier and was put into the post.

    (3)     Any notice, declaration, direction, order or other document referred to in subsection (1) may be addressed by the description of "the owner" or "the occupier" of the building or land (naming it) in respect of which the notice, declaration, direction or order had been served on the last‑mentioned owner or occupier respectively.

S. 43(4) amended by No. 40/2022 s. 37(9).

    (4)     Any document may be given to or served on Homes Victoria—

S. 43(4)(a) amended by Nos 106/2004 s. 12(2), 40/2022 s. 37(9).

        (a)     by delivering it to an employee of the Department duly authorized in that behalf by Homes Victoria; or

S. 43(4)(b) amended by No. 40/2022 s. 37(9).

        (b)     by forwarding it by post in a pre-paid letter addressed to Homes Victoria.