Part 9
Miscellaneous provisions
General notification provision
307How documents given or information notified
This section applies when—
- this Act requires a document to be given to a person; or
- this Act requires a person to be notified of any information, and references in this section to a document being given must be applied accordingly.
A document that this Act requires to be given to a person must be given by the method in subsection (3) that the person required to give the document considers is most likely to ensure that the document reaches the person.
The methods by which a document may be given are—
- personally delivering it to the person; or
- posting it to a usual address of the person; or
- sending it to the person by fax or some other electronic means; or
- providing it to the person in a manner approved by the person.
A document personally delivered under subsection (3)(a) must, if delivered to a corporate body, be delivered to the corporate body's offices during working hours.
A document posted under subsection (3)(b) is deemed to have been delivered to the person at the time it would have been delivered in the ordinary course of post. For the purposes of proving delivery,—
- it is sufficient to prove that the document was properly addressed; and
- the document is presumed, in the absence of proof to the contrary, to have been posted on the day on which it was dated.
A document sent under subsection (3)(c) is deemed, in the absence of proof to the contrary, to be delivered on the day after the day on which it is sent, and it is sufficient proof of sending that a correct machine-generated acknowledgement of receipt exists.
This section is subject to section 52 and to any provision of this Act that specifically provides how a document is to be given.