Service of notices on contact person etc
229 Service of notices on contact person etc
Scope
This section applies to:
a summons or process in any proceedings under, or connected with, this Act; or
a summons or process in any proceedings under, or connected with, the Regulatory Powers (Standard Provisions) Act 2014, so far as that Act relates to this Act; or
a notice under this Act; or
a notice under the Regulatory Powers (Standard Provisions) Act 2014, so far as that Act relates to this Act.
Service of summons, process or notice on contact person
If:
the summons, process or notice, as the case may be, is required to be served on, or given to:
the provider of a social media service; or
the provider of a relevant electronic service; or
the provider of a designated internet service; or
a hosting service provider; or
the provider of an internet search engine service; or
the provider of an app distribution service; or
an internet service provider; and
there is an individual who is:
an employee or agent of the provider; and
designated by the provider as the provider’s contact person for the purposes of this Act; and
the contact details of the contact person have been notified to the Commissioner;
the summons, process or notice, as the case may be, is taken to have been served on, or given to, the provider if it is served on, or given to, the contact person.
Service of summons, process or notice on agent
If:
the summons, process or notice, as the case may be, is required to be served on, or given to, a body corporate incorporated outside Australia; and
the body corporate does not have a registered office or a principal office in Australia; and
the body corporate has an agent in Australia;
the summons, process or notice, as the case may be, is taken to have been served on, or given to, the body corporate if it is served on, or given to, the agent.
Other matters
Subsections (2) and (3) have effect in addition to section 28A of the Acts Interpretation Act 1901.
Section 28A of the Acts Interpretation Act 1901 deals with the service of documents.
This Act’s bill:Explanatory memorandumSecond reading speech
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