Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document

 Download WordDownload Word  Download PDFDownload PDF 


Bill home page
Table Of Contents
Previous Fragment    Next Fragment
Migration Legislation Amendment (Electronic Transactions and Methods of Notification) Bill 2001
Schedule 3 Amendments about giving and receiving documents

Note:       This Schedule might never commence: see subsection 2(3).

   

Migration Act 1958

1  After subsection 52(3)

Insert:

          (3A)  A visa applicant must tell the Minister the address at which the applicant intends to live while the application is being dealt with.

          (3B)  If the applicant proposes to change the address at which he or she intends to live for a period of 14 days or more, the applicant must tell the Minister the address and the period of proposed residence.

          (3C)  If, in accordance with the regulations, 2 or more non-citizens apply for visas together, notifications given to any of them about the application are taken to be given to each of them.

Note 1:       If the Minister gives a person a document by a method specified in section 494B, the person is taken to have received the document at the time specified in section 494C in respect of that method.

Note 2:       If a person gives the Minister notice under section 494D, documents that would have been given to the person will be given to the person’s authorised recipient.

Note:       The heading to section 52 is replaced by the heading “ Communication with Minister ”.

2  Section 53

Repeal the section.

3  Subsection 69(1)

After “Subdivision AA or AB”, insert “or section 494D”.

4  Subsections 359(3) and (4)

Repeal the subsections, substitute:

             (3)  If an invitation is given to a person other than the Secretary, the invitation must be given:

                     (a)  except where paragraph (b) applies—by one of the methods specified in section 379A; or

                     (b)  if the invitation is given to a person in immigration detention—by a method prescribed for the purposes of giving documents to such a person.

             (4)  If an invitation is given to the Secretary, the invitation must be given by one of the methods specified in section 379B.

5  Subsections 359A(2) and (3)

Repeal the subsections, substitute:

             (2)  The information and invitation must be given to the applicant:

                     (a)  except where paragraph (b) applies—by one of the methods specified in section 379A; or

                     (b)  if the applicant is in immigration detention—by a method prescribed for the purposes of giving documents to such a person.

6  Subsections 360A(2) and (3)

Repeal the subsections, substitute:

             (2)  The notice must be given to the applicant:

                     (a)  except where paragraph (b) applies—by one of the methods specified in section 379A; or

                     (b)  if the applicant is in immigration detention—by a method prescribed for the purposes of giving documents to such a person.

7  At the end of section 368A

Add:

             (5)  The notice to the Secretary must be given by one of the methods specified in section 379B.

8  Subsection 368B(7)

Omit all the words after “368(1)”.

9  At the end of subsection 368B(7)

Add:

The copy must be given to the Secretary:

                     (a)  within 14 days after the day on which the decision is handed down; and

                     (b)  by one of the methods specified in section 379B.

10  Section 379A

Repeal the section.

11  After Division 8 of Part 5

Insert:

Division 8A Giving and receiving review documents

379AA   Giving documents by Tribunal where no requirement to do so by section 379A or 379B method

                   If:

                     (a)  a provision of this Act or the regulations requires or permits the Tribunal to give a document to a person; and

                     (b)  the provision does not state that the document must be given:

                              (i)  by one of the methods specified in section 379A or 379B; or

                             (ii)  by a method prescribed for the purposes of giving documents to a person in immigration detention;

the Tribunal may give the document to the person by any method that it considers appropriate (which may be one of the methods mentioned in subparagraph (b)(i) or (ii) of this section).

Note:          Under section 379G an applicant may give the Tribunal the name of an authorised recipient who is to receive documents on the applicant’s behalf.

379A   Methods by which Tribunal gives documents to a person other than the Secretary

Coverage of section

             (1)  For the purposes of provisions of this Part or the regulations that:

                     (a)  require or permit the Tribunal to give a document to a person (the recipient ); and

                     (b)  state that the Tribunal must do so by one of the methods specified in this section;

the methods are as follows.

Giving by hand

             (2)  One method consists of a member, the Registrar, a Deputy Registrar or another officer of the Tribunal, or a person authorised in writing by the Registrar, handing the document to the recipient.

Handing to a person at last residential or business address

             (3)  Another method consists of a member, the Registrar, a Deputy Registrar or another officer of the Tribunal, or a person authorised in writing by the Registrar, handing the document to another person who:

                     (a)  is at the last residential or business address provided to the Tribunal by the recipient in connection with the review; and

                     (b)  appears to live there (in the case of a residential address) or work there (in the case of a business address); and

                     (c)  appears to be at least 16 years of age.

Dispatch by prepaid post or by other prepaid means

             (4)  Another method consists of a member, the Registrar, a Deputy Registrar or another officer of the Tribunal, dating the document, and then dispatching it:

                     (a)  within 3 working days (in the place of dispatch) of the date of the document; and

                     (b)  by prepaid post or by other prepaid means; and

                     (c)  to:

                              (i)  the last address for service provided to the Tribunal by the recipient in connection with the review; or

                             (ii)  the last residential or business address provided to the Tribunal by the recipient in connection with the review.

Transmission by fax, e-mail or other electronic means

             (5)  Another method consists of a member, the Registrar, a Deputy Registrar or another officer of the Tribunal, transmitting the document by:

                     (a)  fax; or

                     (b)  e-mail; or

                     (c)  other electronic means;

to the last fax number, e-mail address or other electronic address, as the case may be, provided to the Tribunal by the recipient in connection with the review.

379B   Methods by which Tribunal gives documents to the Secretary

Coverage of section

             (1)  For the purposes of provisions of this Part or the regulations that:

                     (a)  require or permit the Tribunal to give a document to the Secretary; and

                     (b)  state that the Tribunal must do so by one of the methods specified in this section;

the methods are as follows.

Giving by hand

             (2)  One method consists of a member, the Registrar, a Deputy Registrar or another officer of the Tribunal, or a person authorised in writing by the Registrar, handing the document to the Secretary or to an authorised officer.

Dispatch by post or by other means

             (3)  Another method consists of a member, the Registrar, a Deputy Registrar or another officer of the Tribunal, dating the document, and then dispatching it:

                     (a)  within 3 working days (in the place of dispatch) of the date of the document; and

                     (b)  by post or by other means; and

                     (c)  to an address, notified to the Tribunal in writing by the Secretary, to which such documents can be dispatched.

Transmission by fax, e-mail or other electronic means

             (4)  Another method consists of a member, the Registrar, a Deputy Registrar or another officer of the Tribunal, transmitting the document by:

                     (a)  fax; or

                     (b)  e-mail; or

                     (c)  other electronic means;

to the last fax number, e-mail address or other electronic address notified to the Tribunal in writing by the Secretary for the purpose.

379C   When a person other than the Secretary is taken to have received a document from the Tribunal

             (1)  This section applies if the Tribunal gives a document to a person other than the Secretary by one of the methods specified in section 379A (including in a case covered by section 379AA).

Giving by hand

             (2)  If the Tribunal gives a document to a person by the method in subsection 379A(2) (which involves handing the document to the person), the person is taken to have received the document when it is handed to the person.

Handing to a person at last residential or business address

             (3)  If the Tribunal gives a document to a person by the method in subsection 379A(3) (which involves handing the document to another person at a residential or business address), the person is taken to have received the document when it is handed to the other person.

Dispatch by prepaid post or by other prepaid means

             (4)  If the Tribunal gives a document to a person by the method in subsection 379A(4) (which involves dispatching the document by prepaid post or by other prepaid means), the person is taken to have received the document:

                     (a)  if the document was dispatched from a place in Australia to an address in Australia—7 working days (in the place of that address) after the date of the document; or

                     (b)  in any other case—21 days after the date of the document.

Transmission by fax, e-mail or other electronic means

             (5)  If the Tribunal gives a document to a person by the method in subsection 379A(5) (which involves transmitting the document by fax, e-mail or other electronic means), the person is taken to have received the document at the end of the day on which the document is transmitted.

             (6)  Subsection (5) applies despite section 14 of the Electronic Transactions Act 1999 .

379D   When the Secretary is taken to have received a document from the Tribunal

             (1)  This section applies if the Tribunal gives a document to the Secretary by one of the methods specified in section 379B (including in a case covered by section 379AA).

Giving by hand

             (2)  If the Tribunal gives a document to the Secretary by the method in subsection 379B(2) (which involves handing the document to the Secretary or to an authorised officer), the Secretary is taken to have received the document when it is handed to the Secretary or to the authorised officer.

Dispatch by post or by other means

             (3)  If the Tribunal gives a document to the Secretary by the method in subsection 379B(3) (which involves dispatching the document by post or by other means), the Secretary is taken to have received the document:

                     (a)  if the document was dispatched from a place in Australia to an address in Australia—7 working days (in the place of that address) after the date of the document; or

                     (b)  in any other case—21 days after the date of the document.

Transmission by fax, e-mail or other electronic means

             (4)  If the Tribunal gives a document to the Secretary by the method in subsection 379B(4) (which involves transmitting the document by fax, e-mail or other electronic means), the Secretary is taken to have received the document at the end of the day on which the document is transmitted.

             (5)  Subsection (4) applies despite section 14 of the Electronic Transactions Act 1999 .

379E   Tribunal may give copies of documents

                   If a provision of this Act requires or permits the Tribunal to give a document to a person, the Tribunal may instead give a copy of the document to the person by the same means as the Tribunal could give the document itself.

379F   Giving documents etc. to the Tribunal

             (1)  If, in relation to the review of an MRT-reviewable decision, a person is required or permitted to give a document or thing to the Tribunal, the person must do so:

                     (a)  by giving the document or thing to the Registrar, a Deputy Registrar or another officer of the Tribunal; or

                     (b)  by a method set out in directions under section 353A; or

                     (c)  if the regulations set out a method for doing so—by that method.

             (2)  Directions under section 353A may make provision for a person to give a copy of a document, rather than the document itself, to the Tribunal.

379G   Authorised recipient

             (1)  If:

                     (a)  a person (the applicant ) applies for review of an MRT-reviewable decision; and

                     (b)  the applicant gives the Tribunal written notice of the name and address of another person (the authorised recipient ) authorised by the applicant to do things on behalf of the applicant that consist of, or include, receiving documents in connection with the review;

the Tribunal must give the authorised recipient, instead of the applicant, any document that it would otherwise have given to the applicant.

Note:          If the Tribunal gives a person a document by a method specified in section 379A, the person is taken to have received the document at the time specified in section 379C in respect of that method.

             (2)  If the Tribunal gives a document to the authorised recipient, the Tribunal is taken to have given the document to the applicant. However, this does not prevent the Tribunal giving the applicant a copy of the document.

             (3)  The applicant may vary or withdraw the notice under paragraph (1)(b) at any time, but must not (unless the regulations provide otherwise) vary the notice so that any more than one person becomes the applicant’s authorised recipient.

             (4)  The Tribunal may communicate with the applicant by means other than giving a document to the applicant, provided the Tribunal gives the authorised recipient notice of the communication.

             (5)  This section does not apply to the Tribunal giving documents to, or communicating with, the applicant when the applicant is appearing before the Tribunal.

12  Subsection 424(3)

Repeal the subsection, substitute:

             (3)  The invitation must be given to the person:

                     (a)  except where paragraph (b) applies—by one of the methods specified in section 441A; or

                     (b)  if the person is in immigration detention—by a method prescribed for the purposes of giving documents to such a person.

13  Subsection 424A(2)

Repeal the subsection, substitute:

             (2)  The information and invitation must be given to the applicant:

                     (a)  except where paragraph (b) applies—by one of the methods specified in section 441A; or

                     (b)  if the applicant is in immigration detention—by a method prescribed for the purposes of giving documents to such a person.

14  Subsection 425A(2)

Repeal the subsection, substitute:

             (2)  The notice must be given to the applicant:

                     (a)  except where paragraph (b) applies—by one of the methods specified in section 441A; or

                     (b)  if the applicant is in immigration detention—by a method prescribed for the purposes of giving documents to such a person.

15  At the end of section 430A

Add:

             (5)  The notice to the Secretary must be given by one of the methods specified in section 441B.

16  Subsection 430B(7)

Omit all the words after “430(1)”.

17  At the end of subsection 430B(7)

Add:

The copy must be given to the Secretary:

                     (a)  within 14 days after the day on which the decision is handed down; and

                     (b)  by one of the methods specified in section 441B.

18  Section 441A

Repeal the section.

19  After Division 7 of Part 7

Insert:

Division 7A Giving and receiving review documents

441AA   Giving documents by Tribunal where no requirement to do so by section 441A or 441B method

                   If:

                     (a)  a provision of this Act or the regulations requires or permits the Tribunal to give a document to a person; and

                     (b)  the provision does not state that the document must be given:

                              (i)  by one of the methods specified in section 441A or 441B; or

                             (ii)  by a method prescribed for the purposes of giving documents to a person in immigration detention;

the Tribunal may give the document to the person by any method that it considers appropriate (which may be one of the methods mentioned in subparagraph (b)(i) or (ii) of this section).

Note:          Under section 441G an applicant may give the Tribunal the name of an authorised recipient who is to receive documents on the applicant’s behalf.

441A   Methods by which Tribunal gives documents to a person other than the Secretary

Coverage of section

             (1)  For the purposes of provisions of this Part or the regulations that:

                     (a)  require or permit the Tribunal to give a document to a person (the recipient ); and

                     (b)  state that the Tribunal must do so by one of the methods specified in this section;

the methods are as follows.

Giving by hand

             (2)  One method consists of a member, the Registrar or an officer of the Tribunal, or a person authorised in writing by the Registrar, handing the document to the recipient.

Handing to a person at last residential or business address

             (3)  Another method consists of a member, the Registrar or an officer of the Tribunal, or a person authorised in writing by the Registrar, handing the document to another person who:

                     (a)  is at the last residential or business address provided to the Tribunal by the recipient in connection with the review; and

                     (b)  appears to live there (in the case of a residential address) or work there (in the case of a business address); and

                     (c)  appears to be at least 16 years of age.

Dispatch by prepaid post or by other prepaid means

             (4)  Another method consists of a member, the Registrar or an officer of the Tribunal, dating the document, and then dispatching it:

                     (a)  within 3 working days (in the place of dispatch) of the date of the document; and

                     (b)  by prepaid post or by other prepaid means; and

                     (c)  to:

                              (i)  the last address for service provided to the Tribunal by the recipient in connection with the review; or

                             (ii)  the last residential or business address provided to the Tribunal by the recipient in connection with the review.

Transmission by fax, e-mail or other electronic means

             (5)  Another method consists of a member, the Registrar or an officer of the Tribunal, transmitting the document by:

                     (a)  fax; or

                     (b)  e-mail; or

                     (c)  other electronic means;

to the last fax number, e-mail address or other electronic address, as the case may be, provided to the Tribunal by the recipient in connection with the review.

441B   Methods by which Tribunal gives documents to the Secretary

Coverage of section

             (1)  For the purposes of provisions of this Part or the regulations that:

                     (a)  require or permit the Tribunal to give a document to the Secretary; and

                     (b)  state that the Tribunal must do so by one of the methods specified in this section;

the methods are as follows.

Giving by hand

             (2)  One method consists of a member, the Registrar or an officer of the Tribunal, or a person authorised in writing by the Registrar, handing the document to the Secretary or to an authorised officer.

Dispatch by post or by other means

             (3)  Another method consists of a member, the Registrar or an officer of the Tribunal, dating the document, and then dispatching it:

                     (a)  within 3 working days (in the place of dispatch) of the date of the document; and

                     (b)  by post or by other means; and

                     (c)  to an address, notified to the Tribunal in writing by the Secretary, to which such documents can be dispatched.

Transmission by fax, e-mail or other electronic means

             (4)  Another method consists of a member, the Registrar or an officer of the Tribunal, transmitting the document by:

                     (a)  fax; or

                     (b)  e-mail; or

                     (c)  other electronic means;

to the last fax number, e-mail address or other electronic address notified to the Tribunal in writing by the Secretary for the purpose.

441C   When a person other than the Secretary is taken to have received a document from the Tribunal

             (1)  This section applies if the Tribunal gives a document to a person other than the Secretary by one of the methods specified in section 441A (including in a case covered by section 441AA).

Giving by hand

             (2)  If the Tribunal gives a document to a person by the method in subsection 441A(2) (which involves handing the document to the person), the person is taken to have received the document when it is handed to the person.

Handing to a person at last residential or business address

             (3)  If the Tribunal gives a document to a person by the method in subsection 441A(3) (which involves handing the document to another person at a residential or business address), the person is taken to have received the document when it is handed to the other person.

Dispatch by prepaid post or by other prepaid means

             (4)  If the Tribunal gives a document to a person by the method in subsection 441A(4) (which involves dispatching the document by prepaid post or by other prepaid means), the person is taken to have received the document:

                     (a)  if the document was dispatched from a place in Australia to an address in Australia—7 working days (in the place of that address) after the date of the document; or

                     (b)  in any other case—21 days after the date of the document.

Transmission by fax, e-mail or other electronic means

             (5)  If the Tribunal gives a document to a person by the method in subsection 441A(5) (which involves transmitting the document by fax, e-mail or other electronic means), the person is taken to have received the document at the end of the day on which the document is transmitted.

             (6)  Subsection (5) applies despite section 14 of the Electronic Transactions Act 1999 .

441D   When the Secretary is taken to have received a document from the Tribunal

             (1)  This section applies if the Tribunal gives a document to the Secretary by one of the methods specified in section 441B (including in a case covered by section 441AA).

Giving by hand

             (2)  If the Tribunal gives a document to the Secretary by the method in subsection 441B(2) (which involves handing the document to the Secretary or to an authorised officer), the Secretary is taken to have received the document when it is handed to the Secretary or to the authorised officer.

Dispatch by post or by other means

             (3)  If the Tribunal gives a document to the Secretary by the method in subsection 441B(3) (which involves dispatching the document by post or by other means), the Secretary is taken to have received the document:

                     (a)  if the document was dispatched from a place in Australia to an address in Australia—7 working days (in the place of that address) after the date of the document; or

                     (b)  in any other case—21 days after the date of the document.

Transmission by fax, e-mail or other electronic means

             (4)  If the Tribunal gives a document to the Secretary by the method in subsection 441B(4) (which involves transmitting the document by fax, e-mail or other electronic means), the Secretary is taken to have received the document at the end of the day on which the document is transmitted.

             (5)  Subsection (4) applies despite section 14 of the Electronic Transactions Act 1999 .

441E   Tribunal may give copies of documents

                   If a provision of this Act requires or permits the Tribunal to give a document to a person, the Tribunal may instead give a copy of the document to the person by the same means as the Tribunal could give the document itself.

441F   Giving documents etc. to the Tribunal

             (1)  If, in relation to the review of an RRT-reviewable decision, a person is required or permitted to give a document or thing to the Tribunal, the person must do so:

                     (a)  by giving the document or thing to the Registrar or an officer of the Tribunal; or

                     (b)  by a method set out in directions under section 420A; or

                     (c)  if the regulations set out a method for doing so—by that method.

             (2)  Directions under section 420A may make provision for a person to give a copy of a document, rather than the document itself, to the Tribunal.

441G   Authorised recipient

             (1)  If:

                     (a)  a person (the applicant ) applies for review of an RRT-reviewable decision; and

                     (b)  the applicant gives the Tribunal written notice of the name and address of another person (the authorised recipient ) authorised by the applicant to do things on behalf of the applicant that consist of, or include, receiving documents in connection with the review;

the Tribunal must give the authorised recipient, instead of the applicant, any document that it would otherwise have given to the applicant.

Note:          If the Tribunal gives a person a document by a method specified in section 441A, the person is taken to have received the document at the time specified in section 441C in respect of that method.

             (2)  If the Tribunal gives a document to the authorised recipient, the Tribunal is taken to have given the document to the applicant. However, this does not prevent the Tribunal giving the applicant a copy of the document.

             (3)  The applicant may vary or withdraw the notice under paragraph (1)(b) at any time, but must not (unless the regulations provide otherwise) vary the notice so that any more than one person becomes the applicant’s authorised recipient.

             (4)  The Tribunal may communicate with the applicant by means other than giving a document to the applicant, provided the Tribunal gives the authorised recipient notice of the communication.

             (5)  This section does not apply to the Tribunal giving documents to, or communicating with, the applicant when the applicant is appearing before the Tribunal.

20  After section 494

Insert:

494A   Giving documents by Minister where no requirement to do so by section 494B method

                   If:

                     (a)  a provision of this Act or the regulations requires or permits the Minister to give a document to a person; and

                     (b)  the provision does not state that the document must be given:

                              (i)  by one of the methods specified in section 494B; or

                             (ii)  by a method prescribed for the purposes of giving documents to a person in immigration detention;

the Minister may give the document to the person by any method that he or she considers appropriate (which may be one of the methods mentioned in subparagraph (b)(i) or (ii) of this section).

Note:          Under section 494D a person may give the Minister the name of an authorised recipient who is to receive documents on the person’s behalf.

494B   Methods by which Minister gives documents to a person

Coverage of section

             (1)  For the purposes of provisions of this Act or the regulations that:

                     (a)  require or permit the Minister to give a document to a person (the recipient ); and

                     (b)  state that the Minister must do so by one of the methods specified in this section;

the methods are as follows.

Giving by hand

             (2)  One method consists of the Minister (including by way of an authorised officer) handing the document to the recipient.

Handing to a person at last residential or business address

             (3)  Another method consists of the Minister (including by way of an authorised officer) handing the document to another person who:

                     (a)  is at the last residential or business address provided to the Minister by the recipient for the purposes of receiving documents; and

                     (b)  appears to live there (in the case of a residential address) or work there (in the case of a business address); and

                     (c)  appears to be at least 16 years of age.

Dispatch by prepaid post or by other prepaid means

             (4)  Another method consists of the Minister dating the document, and then dispatching it:

                     (a)  within 3 working days (in the place of dispatch) of the date of the document; and

                     (b)  by prepaid post or by other prepaid means; and

                     (c)  to:

                              (i)  the last address for service provided to the Minister by the recipient for the purposes of receiving documents; or

                             (ii)  the last residential or business address provided to the Minister by the recipient for the purposes of receiving documents.

Transmission by fax, e-mail or other electronic means

             (5)  Another method consists of the Minister transmitting the document by:

                     (a)  fax; or

                     (b)  e-mail; or

                     (c)  other electronic means;

to the last fax number, e-mail address or other electronic address, as the case may be, provided to the Minister by the recipient for the purposes of receiving documents.

When the Minister hands a document by way of an authorised officer

             (6)  For the purposes of sections 494C and 494D, a reference in those sections to an act of the Minister includes, if the act is of a kind referred to in subsection (2) or (3) of this section, a reference to an act of the Minister by way of an authorised officer.

494C   When a person is taken to have received a document from the Minister

             (1)  This section applies if the Minister gives a document to a person by one of the methods specified in section 494B (including in a case covered by section 494A).

Giving by hand

             (2)  If the Minister gives a document to a person by the method in subsection 494B(2) (which involves handing the document to the person), the person is taken to have received the document when it is handed to the person.

Handing to a person at last residential or business address

             (3)  If the Minister gives a document to a person by the method in subsection 494B(3) (which involves handing the document to another person at a residential or business address), the person is taken to have received the document when it is handed to the other person.

Dispatch by prepaid post or by other prepaid means

             (4)  If the Minister gives a document to a person by the method in subsection 494B(4) (which involves dispatching the document by prepaid post or by other prepaid means), the person is taken to have received the document:

                     (a)  if the document was dispatched from a place in Australia to an address in Australia—7 working days (in the place of that address) after the date of the document; or

                     (b)  in any other case—21 days after the date of the document.

Transmission by fax, e-mail or other electronic means

             (5)  If the Minister gives a document to a person by the method in subsection 494B(5) (which involves transmitting the document by fax, e-mail or other electronic means), the person is taken to have received the document at the end of the day on which the document is transmitted.

             (6)  Subsection (5) applies despite section 14 of the Electronic Transactions Act 1999 .

494D   Authorised recipient

             (1)  If a person (the first person ) gives the Minister written notice of the name and address of another person (the authorised recipient ) authorised by the first person to do things on behalf of the first person that consist of, or include, receiving documents in connection with matters arising under this Act or the regulations, the Minister must give the authorised recipient, instead of the first person, any documents that the Minister would otherwise have given to the first person.

Note:          If the Minister gives a person a document by a method specified in section 494B, the person is taken to have received the document at the time specified in section 494C in respect of that method.

             (2)  If the Minister gives a document to the authorised recipient, the Minister is taken to have given the document to the first person. However, this does not prevent the Minister giving the first person a copy of the document.

             (3)  The first person may vary or withdraw the notice under subsection (1) at any time, but must not (unless the regulations provide otherwise) vary the notice so that any more than one person becomes the first person’s authorised recipient.

             (4)  The Minister may communicate with the first person by means other than giving a document to the first person, provided the Minister gives the authorised recipient notice of the communication.