Domestic Building Contracts and Tribunal (Notice) Regulations 1996
i
Domestic Building Contracts and Tribunal (Notice)
Regulations 1996
S.R. No. 122/1996
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1
2. Authorising provisions 1
3. Definitions 1
4. Service of documents 1
5. Order for substituted service 3
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1
STATUTORY RULES 1996
S.R. No. 122/1996
Domestic Building Contracts and Tribunal Act 1995
Domestic Building Contracts and Tribunal (Notice)
Regulations 1996
The Governor in Council makes the following Regulations:
Dated: 6 November 1996
Responsible Minister:
JAN WADE
Minister for Fair Trading
A. WILTSHIRE
Acting Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are to provide
for the giving or service of documents by the
Registrar.
2. Authorising provisions
These Regulations are made under section 135 of
the Domestic Building Contracts and Tribunal
Act 1995.
3. Definitions
In these Regulations—
"the Act" means the Domestic Building
Contracts and Tribunal Act 1995.
"Registrar" means a person appointed or
employed as a Registrar of the Tribunal.
4. Service of documents
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Domestic Building Contracts and Tribunal (Notice) Regulations
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If the Act requires or permits the Registrar to give
a notice or other document to a person, the
Registrar may give the notice or other
document—
(a) by sending it by ordinary post to the person's
address for service as set out in a document
filed or lodged with the Tribunal, or
(b) in the absence of such address for service—
(i) if the person is a building practitioner
within the meaning of the Building Act
1993, by sending it by ordinary post to
his or her registered address as a
building practitioner; or
(ii) if the person is an architect, by sending
it by ordinary post to his or her
registered address as an architect; or
(iii) if sub-paragraphs (i) and (ii) are
inapplicable and the person is a
corporation, where provision is made
by or under any Act or the Corporations
Law for service on a corporation, by
serving the notice or other document in
accordance with that provision; or
(iv) in the case of a natural person—
(A) by sending it by ordinary post to
the place of residence, or last
known place of residence, of that
person; or
(B) by delivering it to a person
apparently above the age of 16
years who resides at that place; or
(v) in the case of a person who has
facilities for the reception of documents
in a document exchange, by delivering
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Domestic Building Contracts and Tribunal (Notice) Regulations
1996
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the notice or other document into those
facilities; or
(vi) in the case of a person who has a
facility for the reception of documents
by facsimile transmission, by
transmitting the notice or other
document to that facility; or
(vii) in the case of a person who has a
facility for the reception of information
by electronic means, by transmitting the
information comprising the notice or
other document to that facility.
5. Order for substituted service
Nothing in regulation 4 prevents the Tribunal of
its own motion or otherwise, when satisfied that it
is impracticable for the Registrar to comply with
that regulation, from making an order that the
Registrar may give or deliver a notice or other
document to a person, other than in accordance
with that regulation.
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