Victorian Numbered Acts Victorian Numbered Acts(1) If under this Act or the regulations a document is required or permitted to be served on, issued to or given to a person (other than the Secretary), the document may be served, issued or given in or out of Victoria—
(a) by delivering it personally to the person; or
(b) by leaving it at the usual or last known place of residence or business of the person with a person apparently over the age of 16 years and apparently residing at that place or (in the case of a place of business) apparently in charge of or employed at that place; or
(c) by sending it by post addressed to the person at the usual or last known place of residence or business of that person; or
(d) if the person has given to the Secretary as the person's address an address that is not the person's place of residence or business, by sending it addressed to the person at that address; or
(e) by sending it to a fax number or email address nominated by the person; or
(f) by sending it by any other form of electronic communication nominated by the person; or
(g) by notifying the person in accordance with subsection (2).
(2) If—
(a) a person nominates an electronic means (the nominated notification means ) by which the person may be notified that a document has been given to the person; and
(b) the person nominates an electronic means (the nominated access means ) by which the person may access that document—
a document for the purposes of this Act may be served on, issued to or given to the person by giving the document to the person by the nominated notification means that states the document is available and how the person may use the nominated access means to access the document.
Example
A person may nominate to be notified by a mobile phone application that notifies the person that a document to the person is available to be accessed on a website maintained by the Department.
(3) If a fax or email or other form of electronic communication is received after 4.00 p.m. on any day, it is taken to have been received on the next business day.
(4) A document served or given by post to a person at an authorised address (within the meaning of section 163A of the Infringements Act 2006 ) and returned undelivered to its sender is deemed to be served 7 days after the date specified in the document as the date of the document, despite it being returned to the sender as undelivered.
(5) Despite subsection (4), if—
(a) a document is returned undelivered; and
(b) the person to whom the document was sent demonstrates to the satisfaction of the Secretary that the person could not reasonably be expected to have received the document—
the Secretary must treat the document as not having been served effectively on the person.
(6) A person's residential address or address for the service of documents (including an electronic address) recorded against the person in any record maintained by the Secretary may be updated on the basis of notification by a third party and, for the purposes of subsection (4), is taken to be an authorised address of the person if the Secretary is satisfied that—
(a) the third party is a credible source of that information; and
(b) the information is likely to be up-to-date.
Examples
Notification given by a court, the Sheriff's Office, Victoria Police or any other enforcement agency.