Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Notwithstanding
any requirement of this Act as to the service of notice or other document on
any person, where it appears to a Judge in Chambers, on an application made by
the Council, that —
(a) it
is impracticable to serve the document in any manner permitted by
section 76 of the Interpretation Act 1984 ; and
(b) the
Council has endeavoured to effect service in such a manner as would be likely
to ensure that the requirement for the giving of notification has been met,
but has been unable so to do,
the Judge may by order
provide for service by a substituted means or may dispense with the
requirement for service.
(2) Where by this Act
any notice or other document is required to be served on a mortgagee
(including the holder of any charge) and, after diligent inquiry, the address
for service of that mortgagee can not be ascertained, such service may in lieu
be effected by serving a copy of that notice or other document addressed to
the mortgagee upon an owner of the interest in the land affected by that
mortgage.
(3) The validity of
any notice or other document or of its service is not affected by any error,
misdescription, or irregularity which is not calculated to mislead, or which
in fact does not mislead.
(4) In all proceedings
in which the giving of any notice or other document required or authorised
under this Act to a party to the proceedings has to be proved, the party is
deemed to have received notice to produce that document, and, until the
contrary is shown, the giving of the notice or the due service of the document
may be sufficiently proved by the production of what purports to be a copy,
bearing what purports to be a certificate under the hand of the person giving
that notice or authorised to issue the original document, or the Chairperson,
as the case may be, that the copy is a true copy of the original and that the
original notice was given or document served on the date specified in the
certificate.
(5) In all courts and
before all persons authorised to receive evidence —
(a) a
signature purporting to be that of the Minister, the Chairperson, or other
authorised officer of the Council shall be taken to be the signature of the
person whose signature it purports to be until the contrary is proved;
(b) a
statement signed by the Chairperson that a notice or other document of the
description mentioned in the statement has or has not been given to or served
on a person by the Council under this Act or as to the date of and the
particulars contained in any notice so given or any document so served is
evidence of the matter specified in the statement; and
(c) a
notification in the Gazette as to the exercise by the Council of any power
conferred under this Act, or as to any order made under this Act, is evidence
of the facts therein stated.
(6) Where proceedings
are taken in the name of the Council by an authorised officer no proof shall
be required of the appointment of that officer as an officer of the Council or
of the authority of that officer to take those proceedings, and the averment
on the process that the officer is so authorised shall be deemed to be proof
of the fact, in the absence of evidence to the contrary.
[Section 82 amended by No. 84 of 2004
s. 80.]