6.7.2 Address for Service of Notices

Context

In order to be properly served a notice must be addressed correctly.

Act references

CSRC Act section 62, section 63

CSRC Regs regulation 15

CSA Regs regulation 11B

Address for service

The most recent address for service that has been provided to the Registrar is that person's address for service (CSRC Regs regulation 15 and CSA Regs regulation 11B).

If no address for service has been given to the Registrar, or the Registrar is aware of a later address, the address for service is the person's last address as recorded by the Registrar.

A person who changes their address but does not give the Registrar a new address for service cannot use that as a defence in any proceedings under the CSRC Act and CSRC Regs (CSRC Regs regulation 16).

Addressing a notice to a partnership

A notice may be issued to any member of a partnership.

Example: A notice to a partner in a partnership can be addressed in either of the following ways:

  • Mr James A Brown
    Partner in Brown and Smith
    Trading as ABC Printing
    at address for service of notices
  • Messrs Brown and Smith in Partnership
    at address for service of notices

In the 2 examples above, references to the partnership in the body of the notice would specify 'ABC Printing' and 'Messrs Brown and Smith' respectively.

Addressing a notice to a company or trust estate

Under the Income Tax Assessment Act, a company or trust must have a 'public officer' and an address for service of that public officer. The public officer and address for service for taxation purposes are also the public officer and address for service for the CSRC Act (CSRC Act section 62, section 63).

A notice served on a company should be addressed as follows:

The Public Officer
Company name
Address for service of notices

As the company is the 'person' liable to comply with the notice, the company and not one of its employees (e.g. a director) is required to be served with the notice.

A notice served on a trust estate should be addressed as follows:

The Public Officer
Trust estate name
Address for service of notices

The trustee of the trust estate is the 'person' liable to comply with the notice.

Service on the public officer at the address for service is sufficient service on the company or trustee for the purposes of the CSRC Act. Proceedings against the public officer are deemed to be proceedings against the company or trustee.

A notice forwarded to a Commonwealth, state or territorial department should be addressed to the 'Paying Officer' at the postal address of the department.

Notices to attend and give evidence (see 6.4) can only apply to a natural person. Notices can be addressed to a company director or other officer of the company rather than a company itself.

Last reviewed: 7 November 2016