Service deemed despite document being returned to sender
163A Service deemed despite document being returned to sender
S. 163A inserted by No. 32/2006 s. 51.
S. 163A(1) amended by No. 47/2014 s. 242(1), substituted by No. 14/2026 s. 41.
Subject to subsection (2) and despite anything to the contrary in section 162(6), a document, other than an infringement notice, served by post and returned undelivered to its sender is deemed to be served 7 days after the date specified in the document as the date of that document, despite it being returned to the sender undelivered if the document was posted to—
an authorised address; or
an address for the person provided in a nomination statement given by the person in the preceding 12 months.
S. 163A(2) amended by Nos 59/2017 s. 124, 47/2014 s. 242(1), substituted by No. 14/2026 s. 41.
Despite anything to the contrary in section 12(2), an infringement notice in respect of an infringement offence served by post and returned undelivered to its sender is deemed to be served 7 days after the date of that infringement notice, despite it being returned to the sender undelivered if the notice was posted to—
an authorised address; or
an address for the person provided in a nomination statement given by the person in the preceding 12 months.
For the purposes of this section, authorised address means—
an address recorded in relation to a person in a register kept by a public statutory body (including, in relation to a director, alternate director or secretary of a company within the meaning of the Corporations Act, the Australian Securities and Investments Commission) if by law that person or another person is required to notify that public statutory body of any change in that address;
S. 163A(3)(b) amended by Nos 6/2010 s. 203(1) (Sch 6 item 26.11) (as amended by No. 45/2010 s. 22), 37/2014 s. 10(Sch. item 87.5), 21/2015 s. 3(Sch. 1 item 28), 29/2016 s. 105.
in relation to any document in respect of a transport infringement within the meaning of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 or a ticket infringement within the meaning of that Part, an address provided by a person to an authorised officer or police officer under section 218B of that Act after that officer has requested the person to state his or her name and address because the authorised officer or police officer believes on reasonable grounds that the person has committed a transport infringement or a ticket infringement, as the case requires.
This section has effect despite anything to the contrary in section 49(1) of the Interpretation of Legislation Act 1984.
Note to s. 163A(4) repealed by No. 47/2014 s. 242(2).
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This Act’s bill:Explanatory memorandumSecond reading speech
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