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Amendment of section 5 of Act of 2015
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69. Section 5 of the Act of 2015 is amended—
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(a) by designating the section as subsection (1),
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(b) in paragraph (c) of that designated subsection, by the substitution of “at that address;” for “at that address.”,
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(c) by the insertion of the following paragraph after paragraph (c):
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“(d) by sending it to the person by electronic means in accordance with subsection (2), in a case in which the person has given notice in writing to the Minister, to a registration officer, or to the Tribunal, of his or her consent to it (or notices or documents of a class to which it belongs) being served on or given to him or her in that manner.”,
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and
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(d) by the insertion of the following subsections after subsection (1):
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“(2) For the purposes of subsection (1)(c), a notice is sent to a person by electronic means in accordance with this subsection—
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(a) if it is sent to an email address that the person has furnished to the Minister, to a registration officer or to the Tribunal for that purpose, or
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(b) in a case in which the person is registered on an electronic interface, by leaving it on that electronic interface.
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(3) Where a notice or other document referred to in subsection (1) has been sent to a person in accordance with—
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(a) paragraph (c) of subsection (1), the notice or other document 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
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(b) paragraph (d) of subsection (1), the notice or other document shall be deemed to have been duly served on or given to the person when the sender’s facility for the delivery of notices or other documents by electronic means generates a message or other record confirming the delivery of the notice or other document by the electronic means used.
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(4) In this section—
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‘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;
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‘registration officer’ has the same meaning as it has in the Act of 2004.”.
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