Queensland Numbered Acts

ECONOMIC DEVELOPMENT AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 67

67 Insertion of new ch 5, pt 3A

Chapter 5 —
insert—

Part 3A - Service of documents

171A Application of part This part applies if a person is required or permitted under this Act to serve a document (the
"relevant document" ) on another person (the
"receiver" ).

171B Service of documents

(1) The person may serve the relevant document on the receiver by giving the receiver another document (a
"communication" ) stating that—

(a) the relevant document can be viewed on a stated website or other electronic medium; and

(b) the receiver may ask the person for a copy of the relevant document.

(2) Also, if the receiver has given the person a notice stating an electronic address for service, the person may serve the relevant document on the receiver by sending to the electronic address—

(a) the relevant document; or

(b) a notice (also a
"communication" ) stating the relevant document can be viewed by opening a stated hyperlink.

Examples of an electronic address—

an email address, internet protocol address or digital mailbox address

(3) For subsections (1) and (2)(b), the receiver is taken to have been served with the relevant document only if, by accessing the website or other electronic medium or opening the hyperlink, the receiver would have been able to view the relevant document—

(a) at the time the communication was given or sent (the
"sending time" ); and

(b) for a period after the sending time that, in the circumstances and having regard to the receiver’s functions for the document, was reasonable to allow the receiver to—

(i) access the website or other electronic medium, or open the hyperlink; and

(ii) read or copy the relevant document.

(4) Subsection (3) applies whether or not the receiver viewed the website or other electronic medium, or opened the hyperlink.

(5) Subsection (6) applies if the receiver is given a communication under subsection (1) and asks the person for a copy of the relevant document in hard copy or electronic form.

(6) The person must, as soon as practicable after the request is made, give the receiver a copy of the relevant document in the requested form.

(7) This section does not limit the Acts Interpretation Act 1954 , section 39 or the Electronic Transactions (Queensland) Act 2001 .

171C Certificate of service

(1) In a civil or criminal proceeding, a certificate of service in relation to a communication that states the following matters is evidence of those matters—

(a) the sending time for the communication;

(b) that, by accessing the website or other electronic medium, or opening the hyperlink, stated in the communication, the receiver would have been able to view the relevant document—

(i) at the sending time; and

(ii) for a stated period after that time.

(2) In this section—

"certificate of service" , in relation to a communication, means a certificate that—

(a) is signed by the person who gave or sent the communication; and

(b) attaches a copy of the communication.