Commonwealth Consolidated Regulations

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DEFENCE TRADE CONTROLS REGULATION 2013 - REG 28

Notices, permits or approvals--service and receipt

  (1)   For subsections   67(1) and (2) of the Act, this section sets out:

  (a)   methods for giving a notice, permit or approval to a person; and

  (b)   the time at which the person is taken to have received a notice, permit or approval given using the method.

Given personally

  (2)   The notice, permit or approval may be given to the person:

  (a)   at the last address notified to the Minister for the purpose of receiving notices, permits and approvals; and

  (b)   by a person authorised by the Minister for this subsection; and

  (c)   either:

  (i)   by giving it to the person; or

  (ii)   by giving it to a person who appears to work at that address in a management or executive position.

  (3)   The person is taken to have received the notice, permit or approval under subsection   (2) at the time at which it is given to the person.

Sent by mail

  (4)   The notice, permit or approval may be posted to the person at the postal address last notified to the Minister for the purpose of receiving notices, permits and approvals.

  (5)   The person is taken to have received the notice, permit or approval under subsection   (4):

  (a)   if the notice, permit or approval was posted from a place in Australia to an address in Australia--7 business days after the date of the notice, permit or approval, in the place of the address to which it was sent; or

  (b)   if paragraph   (a) does not apply--21 days after the date of the notice, permit or approval, in the place of the address to which it was sent.

Faxed, emailed or sent by other electronic means

  (6)   If the person has notified to the Minister a fax number, email address or other electronic address, for the purpose of receiving notices, permits and approvals, the notice, permit or approval may be:

  (a)   faxed to the person at the fax number last notified to the Minister for that purpose; or

  (b)   sent to the person at the email address last notified to the Minister for that purpose; or

  (c)   sent to the person by any other electronic means to the electronic address last notified to the Minister for that purpose.

  (7)   The person is taken to have received the notice, permit or approval under subsection   (6) at the end of the day (in the person's location) that it was sent or, if that day is not a business day, at the end of the next following business day.


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