Infringement notices—service by electronic means—Act, s 24 (2)
12B Infringement notices—service by electronic means—Act, s 24 (2)
If the sender has no reason to suspect that an infringement notice served by electronic means under section 12 or section 12A was not received by the recipient when sent, the notice is presumed to be served when sent unless evidence sufficient to raise doubt about the presumption is given.
If the sender has reason to suspect that an infringement notice served by electronic means was not received by the recipient when sent only if, on the day the notice was sent or on the next working day, the equipment the sender used to send the notice indicated by way of a signal or other message that—
the equipment did not send the notice when the equipment was used to send the notice; or
for an email—the address to which the email was sent was not an email address of the recipient; or
for a mobile telephone—the number to which the notice was sent was not a mobile telephone number of the recipient.
In this section:
recipient, for an infringement notice, means the person on whom the notice is intended to be served.
sender, for an infringement notice served or to be served by electronic means, means the person sending or seeking to send the notice.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.