Western Australian Current Regulations

MINING REGULATIONS 1981 - REG 150B

150B .         Service electronically

        (1)         If under this Part a party is required to serve a document, then, unless the contrary intention appears, the party may serve the document —

            (a)         if the party to be served has provided a fax number under regulation 150A(1), by sending the document by fax to that number; or

            (b)         if the party to be served has provided an email address under regulation 150A(2), by sending the document as an attachment to an email sent to that address.

        (2)         A document cannot be served by email under subregulation (1) if under regulation 138A(2) it cannot be lodged electronically.

        (3)         A document that is served by fax must have a cover page stating —

            (a)         the sender’s name, residential or business address, telephone number and fax number; and

            (b)         the number of pages (including the cover page) being sent by fax.

        (4)         A person that serves a document by fax must —

            (a)         endorse the first page of the original document with —

                  (i)         a statement that the document is the original of a document sent by fax; and

                  (ii)         the date and time the document was sent by fax;

                and

            (b)         keep the endorsed original document and the fax machine’s report evidencing the successful transmission of the document; and

            (c)         if directed to do so by the warden, produce the items in paragraph (b) to the warden.

        (5)         Regulation 138A(3) and (4)(a) and (b), with any necessary changes, apply to a document being served by email in the same way as they apply to a document being lodged electronically.

        (6)         A document that is served by email or fax on a person is to be taken to have been served —

            (a)         if the whole document is sent before 4.30 p.m. on a working day, on that day;

            (b)         otherwise, on the next working day.

        (7)         Subregulation (1), with any necessary changes, applies to the service by the warden of any document on a party.

        (8)         This regulation does not prevent a person from consenting to being served in a manner other than in accordance with this Part.

        [Regulation 150B inserted: Gazette 18 Mar 2011 p. 923‑4; amended: SL 2020/119 r. 8.]