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BUILDING ACT 1993 - SECT 236 Service of documents—generally

BUILDING ACT 1993 - SECT 236

Service of documents—generally

    (1)     Any document to be served on or given to a person under this Act or the regulations may be served on or given to the person by—

        (a)     delivering the document to the person; or

        (b)     leaving the document at the person's usual or last known place of residence or business with a person apparently not less than 16 years of age and apparently residing or employed at that place; or

        (c)     sending the document by post addressed to the person at the person's usual or last known place of residence or business or in any other prescribed manner.

    (2)     A building order made under section 112 may be served on any person apparently in charge of the site on which building work is carried out.

    (3)     If a document is to be served on or given to the owner or occupier of any land and the name of that person is not known the document may be addressed to "the owner" or "the occupier".

    (4)     If a document is to be served on or given to the owner or occupier of any land, the document may be put up in a conspicuous position on the land if the name and address of the owner are not known and there is no occupier of the land.

S. 236(4A) inserted by No. 21/2017 s. 49(1).

    (4A)     An emergency order referred to in section 103, a building notice referred to in section 108(1) or a building order referred to in section 111(3) or (4) may be served on a person by putting the order or notice up in a conspicuous position on the building, land or place of public entertainment to which it applies.

S. 236(4B) inserted by No. 21/2017 s. 49(1).

    (4B)     An order or notice served in accordance with subsection (4A) must include the prescribed additional information.

S. 236(4C) inserted by No. 21/2017 s. 49(1).

    (4C)     If a notice or order under Part 8 or Part 12A is to be served on an owner of a lot affected by an owners corporation, the notice or order may be served on the owners corporation and if so served is taken to be served on the owner.

S. 236(4D) inserted by No. 21/2017 s. 49(1).

    (4D)     An owners corporation on whom a notice or order is served in accordance with subsection (4C) must not fail to provide a copy of the notice or order to each lot owner affected by the notice or order within a reasonable time of receiving the notice or order.

Penalty:     60 penalty units.

S. 236(5) amended by No. 21/2017 s. 99.

    (5)     If the owner has authorised a person to act on behalf of the owner under this Act or the regulations, any document served on or given to that person under this Act or the regulations is taken to have been served on or given to the owner.

    (6)     If a document to be served on or given to an owner or occupier of any land is properly served on or given to the owner or occupier of the land the document is binding on every subsequent owner or occupier of the land.

S. 236(7) inserted by No. 21/2017 s. 49(2).

    (7)     A person must not, without the consent of the relevant building surveyor, the relevant council or the Authority, remove or deface an order or notice put up under subsection (4) or (4A).

Penalty:     500 penalty units, in the case of a natural person;

2500 penalty units, in the case of a body corporate.

S. 236(8) inserted by No. 21/2017 s. 49(3).

    (8)     Without limiting any other provision for the service of documents under this Act, service on a person named in a building permit under section 24A(1)(d) in relation to a body corporate of a direction, notice or order under this Act or the regulations directed to the body corporate is taken to be service on the body corporate.