Western Australian Current Acts

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

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2021 - SECT 113

113 .         Service of documents

        (1)         In this section —

        document includes any written notice, claim, response or determination;

        give includes serve, send or otherwise provide.

        (2)         Any document that by or under this Act is authorised or required to be given by a party to a construction contract to another party to the contract in relation to matters arising under the contract —

            (a)         must be given in the manner (if any) provided in the contract if it is reasonably practicable to do so; or

            (b)         in any other case — must be given in a manner provided by subsection (3).

        (3)         Any document that by or under this Act is authorised or required to be given to a person may, subject to subsection (2), be given to the person —

            (a)         by delivering the document to the person personally; or

            (b)         by leaving the document for the person at the person’s ordinary place of business; or

            (c)         by sending the document by post to the person’s ordinary place of business; or

            (d)         by email to an email address specified by the person for giving documents of that kind to the person; or

            (e)         by any other method (including the use of an electronic database, document system or any other means by which a document can be accessed electronically) authorised by the regulations for giving documents of that kind to the person.

        (4)         The regulations may make provision for or in relation to the time at which a document that is given in a particular manner is taken to have been given.

        (5)         A document given or received under this Act by the agent of a person is taken for the purposes of this Act to have been given or received by that person.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback