Courts and Civil Law (Miscellaneous Provisions) Act 2023

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Amendment of section 6 of Act of 1999

45. Section 6 of the Act of 1999 is amended—

(a) in subsection (1)—

(i) in paragraph (a), by the substitution of “her,” for “her, or”,

(ii) in paragraph (b), by the substitution of “at that address, or” for “at that address.”, and

(iii) by the insertion of the following paragraph after paragraph (b):

“(c) by sending it to him or her by electronic means in accordance with subsection (1A), in a case in which he or she has given notice in writing to the Minister or to a registration officer of his or her consent to it (or notices of a class to which it belongs) being served on or given to him or her in that manner.”,

(b) by the insertion of the following subsection after subsection (1):

“(1A) For the purposes of subsection (1)(c), a notice is sent to a person by electronic means in accordance with this subsection—

(a) if it is sent to an email address that the person has furnished to the Minister or to a registration officer for that purpose, or

(b) in a case in which the person is registered on an electronic interface, by leaving it on that electronic interface.”,

and

(c) by the substitution of the following subsections for subsection (2):

“(2) Where a notice under this Act has been sent to a person in accordance with—

(a) paragraph (b) of subsection (1), the notice shall be deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent, and

(b) paragraph (c) of subsection (1), the notice shall be deemed to have been duly served on or given to the person when the sender’s facility for the delivery of notices by electronic means generates a message or other record confirming the delivery of the notice by the electronic means used.

(3) In this section—

‘electronic interface’ means a secure information technology platform, portal, exchange network or other similar interface maintained by, or on behalf of, the Minister which requires personal log-in details;

‘registration officer’ has the same meaning as it has in the Immigration Act 2004 .”.