Clause 92

Any notice, order or document required or authorised by this Act to be served on any person (other than a document relating to a collective investment scheme) may be served —

in the case of an individual —

by delivering it to the individual or to some adult member or employee of his or her family or household at his or her last known place of residence;

by leaving it at the individual’s usual or last known place of residence or business in an envelope addressed to him or her;

by sending it by registered post addressed to the individual at his or her usual or last known place of residence or business; or

by sending it by email to the individual’s last email address; or

in the case of a body corporate or body of persons —

by delivering it to the secretary or other similar officer of the body corporate or body of persons at its registered office or principal place of business;

by leaving it at the registered office or principal place of business of the body corporate or body of persons in an envelope addressed to the body corporate or body of persons;

by sending it by registered post addressed to the body corporate or body of persons at its registered office or principal place of business; or

by sending it by email to the last email address of the body corporate or body of persons.(2) Any notice, order or document sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order or document (as the case may be) would in the ordinary course of post be delivered.(3) When proving service of the notice, order or document mentioned in subsection (2), it is sufficient to prove that the envelope containing the notice, order or document (as the case may be) was properly addressed, stamped and posted by registered post.(4) Service of a notice, order or document, under subsection (1)(a)(iv) or (b)(iv) takes effect at the time the email becomes capable of being retrieved by the person to whom the notice, order or document is sent.(5) A notice, order or document may be served on a person under subsection (1)(a)(iv) or (b)(iv) by email only with that person’s prior written consent.(6) This section does not apply to documents to be served in proceedings in court.(7) In this section, “last email address” means —

the last email address given by the addressee concerned to the person giving or serving the notice, order or document as the email address for the service of notices, orders or documents under this Act; or

the last email address of the addressee concerned known to the person giving or serving the notice, order or document.Electronic service 337B.—

The Authority may provide an electronic service for the service of any document that is required or authorised by this Act to be given to or served on any person.(2) For the purposes of the electronic service, the Authority may assign to any person —

an authentication code; and

an account with the electronic service.(3) Despite sections 294 and 337A, where any person has given the person’s consent for any document to be given to or served on the person through the electronic service, the Authority may give or serve the document on that person by transmitting an electronic record of the document to that person’s account with the electronic service.(4) Where a person has given the person’s consent for a document to be given to or served on the person through the electronic service, the document is deemed to have been given or served at the time when an electronic record of the document enters the person’s account with the electronic service.(5) Despite any other written law, in any proceedings under this Act —

an electronic record of any document that was given or served through the electronic service; or

any copy or print‑out of that electronic record, is admissible as evidence of the facts stated or contained therein if that electronic record, copy or print‑out —

is certified by the Authority to contain all or any information given or served through the electronic service in accordance with this section; and

is duly authenticated in the manner specified in subsection (7) or is otherwise authenticated in the manner provided in the Evidence Act 1893 for the authentication of computer output.(6) To avoid doubt —

an electronic record of any document that was given or served through the electronic service; or

any copy or print‑out of that electronic record, is not inadmissible in evidence merely because the document was given or served without the delivery of any equivalent document or counterpart in paper form.(7) For the purposes of this section, a certificate —

giving the particulars of —

any person whose authentication code was used to give or serve the document; and

any person or device involved in the production or transmission of the electronic record of the document, or the copy or print‑out of the electronic record;

identifying the nature of the electronic record or copy or print‑out of the electronic record; and

purporting to be signed by the Authority or by a person occupying a responsible position in relation to the operation of the electronic service at the relevant time, is sufficient evidence that the electronic record, copy or print‑out has been duly authenticated, unless the court, in its discretion, calls for further evidence on this issue.(8) Where the electronic record of any document, or a copy or print‑out of that electronic record, is admissible under subsection (5), it is presumed, until the contrary is proved, that the electronic record, copy or print‑out accurately reproduces the contents of that document.(9) The Authority may make regulations which are necessary or expedient for carrying out the purposes of this section, including regulations prescribing the procedure for the use of the electronic service, including the procedure in circumstances where there is a breakdown or interruption of the electronic service.(10) In this section —“account with the electronic service”, in relation to any person, means a computer account within the electronic service which is assigned by the Authority to that person for the storage and retrieval of electronic records relating to that person;“authentication code”, in relation to any person, means an identification or identifying code, a password or any other authentication method or procedure which is assigned to that person for the purposes of identifying and authenticating the access to and use of the electronic service by that person;“document” includes notice and order;“electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010.”.