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s 174

Alternative methods of service of documents relating to land

In force
Part 7Administration
Division 6Service of documents

174 Alternative methods of service of documents relating to land

(1)

If a person to whom it is desired to give a document relating to land is not within the State and has not notified the Director General of an agent authorised to accept documents on behalf of the person, then the document may be given to the owner by —

(a)

affixing or displaying it on or over a conspicuous part of the land, and leaving it so affixed or displayed for at least 14 days; and

(b)

posting it to the person appearing to be the owner on search made in the Department within the meaning of the Transfer of Land Act 1893, the Land Administration Act 1997 or the Mining Act 1978, or the Register of Deeds, as the case may be, addressed to the person at the person’s place of residence or business, as disclosed by the search.

(2)

An agent of an owner who is absent from the State is to be taken to represent the agent’s principal for the purposes of this Act, so far as regards land which —

(a)

the agent is authorised to manage or hold possession; or

(b)

the rents and profits of which the agent is authorised to collect on behalf of the owner.

(3)

Service on a person who is taken to represent an owner under subsection (2) of —

(a)

a document required or authorised to be given to the owner under this Act; or

(b)

a summons or legal process for the recovery of money payable by the owner in respect of land under this Act,

is to be regarded as effective service on the owner.

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Section 174 — Alternative methods of service of documents relating to land — Biosecurity and Agriculture Management Act 2007 (Western Australia) — Barrister AI