Clause 9

in subsection (2), replace “issued” with “issued or made”;

in subsection (2), replace paragraph (j) (including the paragraph heading) with —“Short message service(j)by sending it by short message service to the mobile telephone number of the person to be served;”;

in subsection (2)(k) (including the paragraph heading), delete “, telex”;

in subsection (2)(k), replace the full‑stop at the end with a semi‑colon;

in subsection (2), after paragraph (k), insert —“Email(l)subject to subsection (2A), by sending it by email to the last email address given to the proper authority by the person to be served as the email address for the service of orders or notices issued or made under this Act;Electronic service platform(m)subject to subsection (2A), by serving it to the account assigned to the person to be served and notifying the person of this fact by a message sent by short message service to the mobile telephone number of the person to be served;Other means of service(n)subject to subsection (2A), by sending an electronic notice to the person to be served by the person’s chosen means of notification, stating that the order or notice is available and how the person may use the person’s chosen means of access to access the contents of the order or notice; or

by any other method authorised by regulations made under this Act for the service of orders or notices of that kind if the person to be served consents to service of an order or notice of that kind in that way.”;

after subsection (2), insert —“Service by certain modes only with person’s consent(2A) Service of any order or notice under this Act on a person under subsection (2)(l), (m) and (n) may be effected only with the person’s prior consent to service in that way.”;

in subsection (3)(e)(ii), delete “or” at the end;

in subsection (3)(f)(ii), replace the full‑stop at the end with a semi‑colon;

in subsection (3), after paragraph (f), insert —“(g)subsection (2)(l), it shall be —

presumed, until the contrary is proved, to have been received and read or heard by the person to whom it applies at the time the email is capable of being retrieved by the person; and

deemed to have been received and read or heard by the person to whom it applies on the expiry of 6 hours from the time the email is capable of being retrieved by the person;

subsection (2)(m), it shall be —

presumed, until the contrary is proved, to have been received and read or heard by the person to whom it applies at the time the contents of the order or notice are capable of being accessed by the person through the electronic service platform, and the message notifying the person that the order or notice has been served to the person’s account on the electronic service platform has been sent by short message service to the person’s mobile telephone number; and

deemed to have been received and read or heard by the person to whom it applies on the expiry of 6 hours from the time the contents of the order or notice are capable of being accessed by the person through the electronic service platform, and the message notifying the person that the order or notice has been served to the person’s account on the electronic service platform has been sent by short message service to the person’s mobile telephone number; or

subsection (2)(n), it shall be —

presumed, until the contrary is proved, to have been received and read or heard by the person to whom it applies at the time the electronic notice is capable of being retrieved by the person by the person’s chosen means of notification, and the contents of the order or notice are capable of being accessed by the person by the person’s chosen means of access; and

deemed to have been received and read or heard by the person to whom it applies on the expiry of 6 hours from the time the electronic notice is capable of being retrieved by the person by the person’s chosen means of notification, and the contents of the order or notice are capable of being accessed by the person by the person’s chosen means of access.”; and

after subsection (6), insert —“Documents to be served in proceedings in court(7) This section does not apply to documents to be served in proceedings in court.Definitions(8) In this section —“account assigned to the person to be served” means the account (on the relevant electronic service platform) assigned under section 30A(2) by the proper authority to the person to be served;“chosen means of access”, for a person on whom is or is to be served an order or notice issued or made under this Act, means an electronic means that the person agrees with the proper authority as the means by which the person may access the contents of that order or notice;“chosen means of notification”, for a person on whom is or is to be served an order or notice issued or made under this Act, means an electronic means that the person nominates to the proper authority as the means by which the person may be notified that such an order or notice has been served on the person;“mobile telephone number” means the last mobile telephone number given (in accordance with a legal requirement under this Act) to the proper authority by the person to be served, and which the person has acknowledged may be used by the proper authority for the service of any order or notice issued or made under this Act.”.