Western Australian Consolidated Acts Western Australian Consolidated Acts (1) When any document
is required to be served under or for any of the purposes of this Act or any
by-law or regulation made for the purposes of this Act on any owner or
occupier whose name is unknown to the Corporation, or whose address is unknown
to the Corporation, or who is absent from the State, the document may be
served by placing it on or over some conspicuous part of the premises referred
to therein, and by publishing a copy thereof 3 times with an interval of
a week between each publication in the Gazette and a newspaper usually
circulating in the district, and in the first case the document may be
addressed to such owner or occupier by the description of the
“owner” or “occupier” of the premises (naming them) to
which the document refers without further name or description.
(2) If there are more
owners or occupiers than one it shall be sufficient if the document is served
on one of them, and is addressed to that one with the addition of the words
“and others” or “and another”, as the case may
require.
(3) Non-service on the
owner shall not affect the validity of service on the occupier, and
non-service on the occupier shall not affect the validity of service on the
owner.
(4) In all proceedings
in which the service of a document on a party to the proceedings has to be
proved, the party shall be deemed to have received notice to produce it; and,
until the contrary is shown, the same and its due service 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 officer authorised to issue the
original that the copy is a true copy of the original, and that the original
was served on the date specified in the certificate.
(5) The validity of
any document or of the service thereof shall not be affected by any error,
misdescription, or irregularity which is not calculated to mislead, or which
in fact does not mislead.
(6) For the purposes
of this section document includes any requisition, notice, order or demand, or
any summons or proceeding under the Criminal Procedure Act 2004 , issued or
made for any of the purposes of this Act or any by-law or regulation made for
the purposes of this Act and serve includes “deliver”,
“give”, and “send”.
(7) Any prosecution of
an offence under this Act or any by-law or regulation made for the purposes of
this Act against any owner or occupier whose name is unknown to the
Corporation may be commenced against him by the description of
“owner” or “occupier” of the land to which the charge
refers without further name or description.
[Section 167 amended by No. 25 of 1985
s. 261 and 268; No. 73 of 1995 s. 78; No. 59 of 2004
s. 141; No. 84 of 2004 s. 78 and 80.]