Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 317ZL

Service of notices etc.

Scope

  (1)   This section applies to:

  (a)   a summons or process in any proceedings under, or connected with, this Part; or

  (b)   a summons or process in any proceedings under, or connected with, the Regulatory Powers (Standard Provisions) Act 2014 , so far as that Act relates to this Part; or

  (c)   a technical assistance notice or any other notice under this Part; or

  (d)   a notice under the Regulatory Powers (Standard Provisions) Act 2014 , so far as that Act relates to this Part; or

  (e)   a technical capability notice.

Address for service of summons, process or notice

  (2)   If:

  (a)   the summons, process or notice, as the case may be, is required to be served on, or given to, a designated communications provider; and

  (b)   the designated communications provider has nominated an address for service in a document given by the provider to:

  (i)   the Attorney - General; or

  (ii)   the Communications Access Co - ordinator; or

  (iii)   the Director - General of Security; or

  (iv)   the chief officer of an interception agency;

the summons, process, or notice, as the case may be, is taken to have been served on, or given to, the provider if it is left at, or sent by pre - paid post to, the nominated address for service.

  (3)   If:

  (a)   the summons, process or notice, as the case may be, is required to be served on, or given to, a designated communications provider; and

  (b)   the designated communications provider has nominated an electronic address for service in a document given by the provider to:

  (i)   the Attorney - General; or

  (ii)   the Communications Access Co - ordinator; or

  (iii)   the Director - General of Security; or

  (iv)   the chief officer of an interception agency;

the summons, process or notice, as the case may be, is taken to have been served on, or given to, the provider if it is sent to the nominated electronic address for service.

Service of summons, process or notice on agent etc.

  (4)   If:

  (a)   the summons, process or notice, as the case may be, is required to be served on, or given to, a body corporate incorporated outside Australia; and

  (b)   the body corporate does not have a registered office or a principal office in Australia; and

  (c)   the body corporate has an agent in Australia;

the summons, process or notice, as the case may be, is taken to have been served on, or given to, the body corporate if it is served on, or given to, the agent.

  (5)   If:

  (a)   the summons, process or notice, as the case may be, is required to be served on, or given to, a body corporate incorporated outside Australia; and

  (b)   the body corporate does not have a registered office or a principal office in Australia; and

  (c)   the body corporate carries on business, or conducts activities, at an address in Australia;

the summons, process or notice, as the case may be, is taken to have been served on, or given to, the body corporate if it is left at, or sent by pre - paid post to, that address.

Other matters

  (6)   Subsections   (2), (3), (4) and (5) have effect in addition to:

  (a)   section   28A of the Acts Interpretation Act 1901 ; and

  (b)   sections   587 and 588 of this Act.

Note:   Section   28A of the Acts Interpretation Act 1901 deals with the service of documents.


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