Service on company, registered body, incorporated association or other body corporate
393 Service on company, registered body, incorporated association or other body corporate
If the person to be served is a company within the meaning of the Corporations Act, service of a document on the person may be effected in accordance with section 109X of that Act or in accordance with subsection (4).
If the person to be served is a registered body within the meaning of the Corporations Act, service of a document on the person may be effected in accordance with section 601CX of that Act or in accordance with subsection (4).
S. 393(3) amended by Nos 48/2012 s. 31, 20/2012 s. 226(Sch. 5 item 10).
If the person to be served is an incorporated association within the meaning of the Associations Incorporation Reform Act 2012, service of a document on the person may be effected in accordance with section 217 of that Act or in accordance with subsection (4).
If the person to be served is a body corporate and service is not effected in accordance with subsection (1), (2) or (3), service of a document on the person must be effected—
by leaving a copy of the document at the registered office or principal place of business of the body corporate; or
by sending a copy of the document by prepaid ordinary post to the registered office or principal place of business of the body corporate; or
if the body corporate is represented by a legal practitioner, by sending a copy of the document by prepaid ordinary post addressed to the legal practitioner at the ordinary business address of the legal practitioner; or
by serving a copy of the document on a representative of the body corporate within the meaning of section 334 in a manner nominated in writing by the representative.
Note
The Electronic Transactions Act 1999 of the Commonwealth or the Electronic Transactions (Victoria) Act 2000 applies to enable a document to be served electronically, including fax transmission and email, in accordance with the relevant Act.
S. 342 amended by No. 68/2009 s. 39(4) (ILA s. 39B(1)), renumbered as s. 394 by No. 68/2009 s. 52(f).
This Act’s bill:Explanatory memorandumSecond reading speech
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