ROAD SAFETY ACT 1986 - SECT 93 Service of notices

ROAD SAFETY ACT 1986 - SECT 93

    (1)     If under this Act or the regulations a notice is required or permitted to be served on any person, the notice may, unless the contrary intention appears, be served in or out of Victoria—

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

        (b)     by leaving it at the usual or last known place   of residence or business of the person with a person apparently over the age of sixteen years and apparently residing at that place or (in the case of a place of business) apparently in charge of or employed at that place; or

S. 93(1)(c) amended by No. 14/2000 s. 23.

        (c)     by sending it by post addressed to the person at the usual or last known place of residence or business of that person; or

S. 93(1)(d) inserted by No. 14/2000 s. 23, amended by Nos 70/2016 s. 38(1)(a), 49/2019 s. 116(Sch.  1 item 208(a)).

        (d)     if the person has given to the Secretary as his or her address an address that is not his or her place of residence or business, by sending it addressed to the person at that address; or

S. 93(1)(e) inserted by No. 70/2016 s. 38(1)(b).

        (e)     by sending it to a fax number or email address nominated by the person; or

S. 93(1)(f) inserted by No. 70/2016 s. 38(1)(b).

        (f)     by sending it by any other form of electronic communication nominated by the person; or

S. 93(1)(g) inserted by No. 70/2016 s. 38(1)(b).

        (g)     by notifying the person in accordance with subsection (2).

S. 93(2) inserted by No. 70/2016 s. 38(3).

    (2)     If—

        (a)     a person nominates an electronic means (the nominated notification means ) by which the person may be notified that a notice has been given to the person; and

        (b)     the person nominates an electronic means (the nominated access means ) by which the person may access that notice—

a notice under this Act or the regulations may be served on the person by giving the notice to the person by the nominated notification means that states the notice is available and how the person may use the nominated access means to access the notice.

Example to s. 93(2) amended by No. 49/2019 s. 116(Sch.  1 item 208(b)).

Example

A person may nominate to be notified by a mobile phone application that notifies the person that a notice to the person is available to be accessed on a website maintained by the Department.

S. 93(3) inserted by No. 70/2016 s. 38(3).

    (3)     If a fax or email or other form of electronic communication is received after 4.00 p.m. on any day, it is taken to have been received on the next business day.

S. 93(4) inserted by No. 68/2017 s. 65.

    (4)     A notice, other than a traffic infringement notice, served by post to a person at an authorised address (within the meaning of section 163A of the Infringements Act   2006 ) and returned undelivered to its sender is deemed to be served 7 days after the date specified in the notice as the date of the notice, despite it being returned to the sender as undelivered.

S. 93(5) inserted by No. 68/2017 s. 65, amended by No. 49/2019 s. 116(Sch.  1 item 208(c)(ii)).

    (5)     Despite subsection (4), if—

        (a)     a notice is returned undelivered; and

S. 93(5)(b) amended by No. 49/2019 s. 116(Sch.  1 item 208(c)(i)).

        (b)     the person to whom the notice was sent demonstrates to the satisfaction of the Secretary that the person could not reasonably be expected to have received the notice—

the Secretary must treat the notice as not having been served effectively on the person.

S. 93(6) inserted by No. 68/2017 s. 65, amended by No. 49/2019 s. 116(Sch.  1 item 208(d)).

    (6)     A person's residential address or address for the service of notices (including an electronic address) recorded against the person in any record maintained by the Secretary may be updated on the basis of notification by a third party and, for the purposes of subsection (4), is taken to be an authorised address of the person if the Secretary is satisfied that—

        (a)     the third party is a credible source of that information; and

        (b)     the information is likely to be up-to-date.

Examples

Notification given by a court, the Sheriff's Office, Victoria Police or any other enforcement agency.

Note to s. 93 inserted by No. 5/2016 s. 34, repealed by No. 70/2016 s. 38(2).

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S. 93A inserted by No. 110/2004 s. 37.