New South Wales Consolidated Acts

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TRAVEL AGENTS ACT 1986 - SECT 53

Service of documents

53 Service of documents

(1) Where, under this Act, a document or notice is required or permitted to be served on or given to a person, the document or notice may be served or given:
(a) where the person is a natural person, by giving it to or serving it personally on the person or by sending it by post to the person at the person’s usual or last known place of residence or business, or
(b) where the person is a corporation:
(i) by delivering it to a person who is or apparently is concerned in the management of the corporation, or
(ii) by leaving it at the registered office of the corporation with a person apparently employed at that office, being a person who has or apparently has attained the age of 16 years, or
(iii) without limiting the other provisions of this paragraph, where the corporation is the holder of a licence, by leaving it at the address of the principal place of business of the licensee (as shown on the register of licensees) with a person apparently employed at that place of business, being a person who has or apparently has attained the age of 16 years, or
(iv) by sending it by prepaid post addressed to the corporation at that registered office or, where the corporation is the holder of a licence, the address of the principal place of business of the licensee (as shown on the register of licensees).
(2) In subsection (1) (b), "registered office" means:
(a) the office of the corporation that is the registered office or principal office in accordance with the law of the State or Territory of the Commonwealth by or under which the corporation is incorporated,
(b) where the corporation is not incorporated in Australia, an office registered under the law of a State or Territory of the Commonwealth as a registered office of the corporation, or
(c) in the case of a corporation that has no such registered office or principal office, the principal place of business of the corporation in the State or, if it has no place of business in the State, its principal place of business in Australia.
(2A) In this section:
"register of licensees" means the Register kept in accordance with section 15.
(3) Where a document or notice is required or permitted to be served on or given to the compensation scheme trustees, the document or notice may be served or given in the manner provided by the compensation scheme.
(4) For the purposes of this Act, where a document or notice is properly addressed, prepaid and posted as a letter, the document or notice shall, unless the contrary is proved, be deemed to have been given to the person to whom it is addressed at the time at which the letter would be delivered in the ordinary course of post.



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