Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 268BC

Serving production notices

             (1)  The Secretary or Australian Border Force Commissioner must give a production notice to an individual:

                     (a)  by delivering it to the individual personally; or

                     (b)  by:

                              (i)  leaving it at the address of the individual's place of residence or business last known to the Secretary or Australian Border Force Commissioner; and

                             (ii)  taking reasonably practicable action to draw the individual's attention to the notice; or

                     (c)  by sending it by ordinary or any other class of pre-paid post to the individual's place of residence or business last known to the Secretary or Australian Border Force Commissioner.

             (2)  However, if the Secretary or Australian Border Force Commissioner uses the method in paragraph (1)(c), the time mentioned in paragraph 268BB(1)(c) must be at least 14 days after the notice is given (instead of at least 24 hours or 72 hours).

Note:          Section 29 of the Acts Interpretation Act 1901 sets out when the notice is taken to have been given if the notice is posted to the individual.



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