Western Australian Current Acts Western Australian Current Acts (1) Except where
otherwise provided, any notice, order, process, or other document, under the
provisions of this Act or any regulation or local law, required or authorised
to be given or served to or upon any person may be served —
(a) by
delivering the same to such person; or
(b) by
leaving the same at his usual or last known place of abode; or
(c) by
forwarding the same by post in a pre-paid letter addressed to such person at
his usual or last known place of abode.
(2) Any such document,
if addressed to the owner or occupier of premises, may be served by delivering
the same, or a true copy thereof, to some person on the premises, or, if there
is no person on the premises who can be so served, by fixing the same on some
conspicuous part of the premises.
(3) Where a notice is
required to be given to a person whose name and address are unknown, the
notice may be served by publishing it in the Government Gazette and some
newspaper circulating within the district 3 times, at intervals of not less
than one week between any 2 publications.
(4) Any notice by this
Act required to be given to the owner or occupier of any premises may, if the
name of the owner or occupier is not known, be addressed to him by the
description of the “owner” or “occupier” of the
premises (naming them) in respect of which the notice is given, without
further name or description.
(5) Any document
forwarded by post shall be deemed to have been given at the last moment of the
day on which the same ought to be delivered at its destination in the ordinary
course of post, and in proving service it shall be sufficient to prove that
the document was properly stamped and addressed and put into the post.
(6) If there are more
owners or occupiers than one, it shall be sufficient if the requisition is
served on any one of them and the name of any one of them is specified, with
the addition of the words “and others”.
(7) Non-service on the
owner shall not affect the validity of service on the occupier, and
non-service on the occupier shall not affect the validity of service on the
owner.
(8) In all proceedings
in which the notice, order, or other document has to be proved, the accused
shall be deemed to have received notice to produce it; and, until the contrary
is shown, the same and its due service may be sufficiently proved by or on
behalf of the prosecutor by the production of what purports to be a copy,
bearing what purports to be a certificate under the hand of the officer
authorised to issue the original or of the secretary to the local government
or the CEO, as the case may be, that the copy is a true copy of the original,
and that the original was served on the date specified in the certificate.
(9) The validity of
any notice, order, or other document or of the service thereof shall not be
affected by any error, misdescription, or irregularity which is not calculated
to mislead, or which in fact does not mislead.
[Section 354, formerly section 278, amended: No.
17 of 1918 s. 52; renumbered as section 354: No. 38 of 1933 s. 42; amended:
No. 28 of 1984 s. 36; No. 14 of 1996 s. 4; No. 84 of 2004 s. 80 and 82; No. 28
of 2006 s. 251.]