Immigration Act 1999

Service of notices.

6

6.F11[(1)] Where a notice is required or authorised by or under this Act to be served on or given to a person, it shall be addressed to him or her and shall be served on or given to him or her in some one of the following ways:

(a) where it is addressed to him or her by name, by delivering it to him or F12[her,]

(b) by sending it by post in a prepaid registered letter, or by any other form of recorded delivery service prescribed by the Minister, addressed to him or her at the address most recently furnished by him or her F13[to F14[a registration officer (within the meaning of the Immigration Act 2004) pursuant to section 9 of that Act, or to the Minister pursuant to section 16 (3)(c) of the International Protection Act 2015 ], as the case may be] or, in a case in which an address for service has been furnished, F12[at that address, or]

F15[(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.]

F15[(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.]

F16[(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.]

F15[(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.]

Annotations:

Amendments:

F11

Inserted by implication (5.09.2000) by Illegal Immigrants (Trafficking) Act 2000 (29/2000), s. 10(c)(ii), S.I. No. 266 of 2000.

F12

Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 45(a)(i), (ii), S.I. No. 389 of 2023, art. 3(g).

F13

Substituted (5.09.2000) by Illegal Immigrants (Trafficking) Act 2000 (29/2000), s. 10(c)(i), S.I. No. 266 of 2000.

F14

Substituted (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 27, S.I. No. 370 of 2022, subject to transitional provisions in s. 40(1).

F15

Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 45(a)(iii), (b), (c), S.I. No. 389 of 2023, art. 3(g).

F16

Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 45(c), S.I. No. 389 of 2023, art. 3(g).

Editorial Notes:

E19

Previous affecting provision: subs. (1)(b) amended (12.02.2004) by Immigration Act 2004 (1/2004), s. 16(5), commenced on enactment; substituted (22.07.2022) as per F-note above.

E20

Previous affecting provision: subs. (2) inserted (5.09.2000) by Illegal Immigrants (Trafficking) Act 2000 (29/2000), s. 10(c)(ii), S.I. No. 266 of 2000; substituted (31.07.2023) as per F-note above.