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JUSTICE LEGISLATION AMENDMENT (SYSTEM ENHANCEMENTS AND OTHER MATTERS) ACT 2021 (NO. 11 OF 2021) - SECT 167

Service of notice to produce documents or to attend

    (1)     In section 83C of the Privacy and Data Protection Act 2014

        (a)     in subsection (3), after "personally" insert "or in accordance with subsection (3A)";

        (b)     in subsection (4), after "age" insert "or in accordance with subsection (4A)".

    (2)     After section 83C(3) of the Privacy and Data Protection Act 2014 insert

    "(3A)     A document that must be served personally on a person may be served on a natural person by—

        (a)     sending by registered post a copy of the document addressed to that person at the person's last known place of residence or business; or

        (b)     delivering a copy of the document to the person by means of electronic communication that is confirmed as having been received by the person; or

        (c)     sending by registered post a copy of the document, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or

        (d)     leaving a copy of the document for that person—

              (i)     at the place of business of the person's authorised legal representative; and

              (ii)     with a person who apparently works there and who is apparently not less than 18 years of age; or

        (e)     delivering a copy of the document, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or

        (f)     delivering a copy of the document to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative.".

    (3)     After section 83C(4) of the Privacy and Data Protection Act 2014 insert

    "(4A)     A document that must be served on a body corporate may be served by—

        (a)     sending by registered post a copy of the document addressed to that body corporate at the registered office or principal place of business of the body corporate; or

        (b)     delivering a copy of the document to the body corporate by means of an electronic communication that is confirmed as having been received by the body corporate.

    (4B)     For the purposes of subsection (3) or (3A), a person may deliver a copy of a document to another person personally by placing a copy of the document on a surface in the presence of that other person.

    (4C)     For the purposes of subsections (3A)(b) and (f) and (4A)(b), the receipt of a document may be confirmed by any form of electronic communication.".



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