Commonwealth Consolidated Acts Commonwealth Consolidated ActsService of directions on the owner, master or salvor of a ship
(1) A direction under this Act to any of the following persons:
(a) the owner of a ship;
(b) the master of a ship;
(c) the salvor in possession of a ship;
is to be served on the person in accordance with subsections ( 2) to (7) and, for the purposes of section 19, is taken to have been issued to the person at the time when it is served on the person in accordance with subsections ( 2) to (7).
(2) Service of a direction under this Act on the owner or the owners of a ship may be effected:
(a) by serving it personally on the owner or on all or any of the owners, as the case may be, of the ship or, if an owner who is to be served is a body corporate, on a director, secretary or other officer of the body corporate ;
(b) by serving it personally on any agent of the ship or, if an agent who is to be served is a body corporate, on a director, secretary or other officer of the body corporate; or
(c) by serving it on the master of the ship.
(3) Where there is more than one owner of a ship, a direction under this Act that is served on any of the owners of the ship shall be deemed, for the purposes of this Act, to be served on all those owners.
(4) Service of a direction under this Act on the master of a ship may be effected by serving it personally on the master of the ship or, if for any reason (including the absence of the master from the ship) it is not practicable to serve the notice on the master, by delivering it to any person on board the ship who appears to be an officer of the ship.
(5) Service of a direction under this Act on a salvor in possession of a ship may be effected by serving it personally on the person who appears to be in charge of salvage operations.
(6) Where it is not reasonably practicable to serve a direction under this Act in accordance with the preceding provisions of this section, the direction shall be deemed to have been served on the person or persons to whom it is issued if the contents are transmitted to the ship concerned by any means and receipt of the transmission is acknowledged by a person on board the ship.
(7) A person authorized in writing by the Authority for the purposes of this section may go on board a ship for the purpose of serving a direction under this Act on a person on board the ship.
Service of directions on persons other than the owner, master or salvor of a ship
(8) A direction under this Act to a person other than:
(a) the owner of a ship; or
(b) the master of a ship; or
(c) the salvor in possession of a ship;
is to be served on the person in accordance with subsection ( 9) or (10) and, for the purposes of section 19, is taken to have been issued to the person:
(d) if paragraph ( 9)(d) applies--at the time when it is served on the person in accordance with section 28A of the Acts Interpretation Act 1901 ; or
(e) if paragraph ( 9)(e) applies--at the time of receipt of the electronic communication (see section 14 of the Electronic Transactions Act 1999 ); or
(f) if paragraph ( 10)(d) applies--at the time when it is served on the person in accordance with that paragraph; or
(g) if paragraph ( 10)(e) applies--at the time of receipt of the electronic communication (see section 14 of the Electronic Transactions Act 1999 ).
Note: See also section 29 of the Acts Interpretation Act 1901 .
(9) Service of a direction under this Act on a person other than:
(a) the owner of a ship; or
(b) the master of a ship; or
(c) the salvor in possession of a ship;
may, in a case where the person is an individual or a body corporate, be effected:
(d) in accordance with section 28A of the Acts Interpretation Act 1901 ; or
(e) by sending the contents of the direction to the person by means of an electronic communication.
(10) Service of a direction under this Act on a person other than:
(a) the owner of a ship; or
(b) the master of a ship; or
(c) the salvor in possession of a ship;
may, in a case where the person is a body politic, be effected:
(d) by leaving it at, or sending it by pre - paid post to, an office of a department or agency of the body politic; or
(e) by sending the contents of the direction to the person, or to a representative of the person, by means of an electronic communication.