Provision of notice to surety electronically
9AC Provision of notice to surety electronically
For the purpose of section 45(1)(c)(ii) of the Act, the approved form may be provided to the surety by —
faxing the form to a fax number provided by the surety; or
emailing an electronic version of the form (whether or not as an attachment) to an email address provided by the surety.
For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 11, the certificate referred to in section 45(2) of the Act —
may be incorporated in an electronic form of the file copy of the notice to the surety by noting the relevant matters in the ECMS in respect of the notice; or
may be associated electronically with the file copy of the notice to the surety by means of the ECMS.
If an approved form is provided by electronic means in accordance with this regulation, the form is to be presumed, unless the contrary is shown, to have been received —
if the fax or email is sent before 4.00 p.m. on a working day — on that day; or
otherwise — on the next working day after the fax or email is sent.
An endorsement on an electronic form of a notice given under section 45(1)(b) or (c) of the Act that purports to be a certificate referred to in section 45(2) of the Act is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if the electronic version states the name of the person who made the endorsement.
[Regulation 9AC inserted: Gazette 12 Sep 2014 p. 3287‑8; amended: Gazette 31 Dec 2019 p. 4670.]
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