When document is taken to be given by commissioner—Act, s 149
14 When document is taken to be given by commissioner—Act, s 149
For section 149(1)(c) of the Act, the date prescribed for a document made available using an approved information system is—
the day the commissioner gives the person notice the document is available to be accessed using the approved information system; or
if the person satisfies the commissioner that, on the day mentioned in paragraph (a), the approved information system was not available to be accessed—the first day after the notice is given that the document is able to be accessed using the approved information system.
Examples for paragraph (b)—
1 Planned system maintenance or an unplanned system outage affects the approved information system and prevents it being accessed. In this case, the approved information system itself was not available to be accessed.
2 The approved information system is functioning normally, but the person does not have access to the internet. In this case, the approved information system is available to be accessed and the person is taken to have accessed the document.
For subsection (1), notice given to the person by email or a text message is taken to be given to the person on the day the email or text message is sent.
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