Service of documents on registered body
601CX Service of documents on registered body
A document may be served on a registered body:
by leaving it at, or by sending it by post to, the registered office of the body; or
in the case of a registered foreign company—by leaving it at, or by sending it by post to, the address of a local agent of the foreign company, being:
in a case to which subparagraph (ii) does not apply—an address notice of which has been lodged under subsection 601CG(1); or
if a notice or notices of a change or alteration in that address has or have been lodged under subsection 601CV(1)—the address shown in that last‑mentioned notice or the later or latest of those last‑mentioned notices.
For the purposes of subsection (1), the situation of the registered office of a registered body:
in a case to which neither paragraph (b) nor paragraph (c) applies—is taken to be the place notice of the address of which has been lodged under paragraph 601CB(e) or 601CE(g); or
if only one notice of a change in the situation of the registered office has been lodged with ASIC under subsection 601CT(3)—is, on and from:
the day that is 7 days after the day on which the notice was lodged; or
the day that is specified in the notice as the day from which the change is to take effect;
whichever is later, taken to be the place the address of which is specified in the notice; or
if 2 or more notices of a change in the situation of the registered office have been lodged under subsection 601CT(3)—is, on and from:
the day that is 7 days after the day on which the later or latest of those notices was lodged; or
the day that is specified in the later or latest of those notices as the day from which the change is to take effect;
whichever is later, taken to be the place the address of which is specified in the relevant notice;
and is so taken to be that place irrespective of whether the address of a different place is shown as the address of the registered office of the registered body in a return or other document (not being a notice under subsection 601CT(3)) lodged after the notice referred to in paragraph (a) or (b), or the later or latest of the notices referred to in paragraph (c), was lodged.
Without limiting the operation of subsection (1), if 2 or more directors of a registered body reside in Australia or an external Territory, a document may be served on the body by delivering a copy of the document personally to each of 2 of those directors.
Without limiting the operation of subsection (1), a document may be served on a registered body that is registered as a proprietary company and has only one director by delivering a copy personally to that director.
Where a liquidator of a registered body has been appointed, a document may be served on the body by leaving it at, or by sending it by post to, the last address of the office of the liquidator notice of which has been lodged.
Nothing in this section affects the power of the Court to authorise a document to be served on a registered body in a manner not provided for by this section.
Subject to subsection 8(4), subsection 8(3) applies in relation to a reference in this section.
This Act’s bill:Explanatory memorandumSecond reading speech
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