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

> act-s494C — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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, email 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, email 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.

               Making document available by way of online account
          (6) If the Minister gives a document to a person by the method in
              subsection 494B(5A) (which involves making the document
              available by way of an online account), the person is taken to have
              received the document at the end of the day on which it is made
              available.

               Document not given effectively
          (7) If:
                (a) the Minister purports to give a document to a person in
                    accordance with a method (the relevant method) specified in
                    section 494B (including in a case covered by section 494A)
                    but makes an error in doing so; and
                (b) the person nonetheless receives the document or a copy of it;
              then, despite the error:
                (c) the document is taken to have been given in accordance with
                    the relevant method; and
                (d) the person is taken to have received the document:
                      (i) at the time mentioned in this section for the relevant
                          method; or
                     (ii) if the person can show that the person received the
                          document at a later time—at that later time.