FENCES ACT 1968 - SECT 37 Giving notices under this Act
FENCES ACT 1968 - SECT 37
Giving notices under this Act(1) A notice under this Act may be given to a person by delivering it personally to the person or by post.
Notes
1 Section 49(1) of the Interpretation of Legislation Act 1984 sets out when service of a document by post is effected.
2 The Electronic Transactions (Victoria) Act 2000 applies to notices given under this Act.
(2) A notice may be delivered personally to an individual—
(a) by leaving a copy of the notice with the individual or, if the individual does not accept the copy, by putting the copy down in the individual's presence and telling the individual the nature of the notice; or
(b) by delivering a copy of the notice to the place of residence of the individual to an individual apparently above the age of 16 years who resides at that place but when the place of residence is a hotel, boarding house or similar establishment, to some individual apparently above that age who is apparently in charge of the establishment or engaged in the office of the establishment; or
(c) if the individual conducts a business, by delivering a copy of the notice to the place of business of the individual to an individual apparently above the age of 16 years who is apparently in charge of that business or is employed in the office of that business.
(3) For the purpose of giving a notice under this Act, the proper address—
(a) for an owners corporation is the address that is shown on the records of the Registrar for that owners corporation; or
(b) for a corporation (other than an owners corporation) is the registered or principal office of the corporation; or
(c) for an incorporated association is the registered address (within the meaning of the Associations Incorporation Reform Act 2012 ) of the incorporated association.
(4) If a person delivering a notice by post under this section made inquiries of a municipal council about the whereabouts of the owner to whom the notice is directed, at least one copy of the notice must be sent to the address provided by the municipal council (if any).
S. 38 inserted by No. 30/2014 s. 10.