Victorian Numbered Acts

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FORTIFICATION REMOVAL ACT 2013 (NO. 48 OF 2013) - SECT 8

Serving application and affixing notice of application

    (1)     As soon as practicable after an application under section 6 is made, the Chief Commissioner must—

        (a)     make all reasonable efforts to serve a copy of the application on the owner, or if there is more than one owner, only one owner, of the premises in respect of which the application is made (a relevant owner ); and

Note

For service, see section 50.

        (b)     cause a notice of application to be affixed—

              (i)     to the entrance of the premises in respect of which the application is made; or

              (ii)     in a conspicuous place near that entrance.

    (2)     The fact that the Chief Commissioner does not serve a relevant owner under subsection (1)(a) after making all reasonable efforts to serve that owner does not affect the validity of the application.

    (3)     To avoid doubt, if there is more than one owner of the premises in respect of which the application is made, the Chief Commissioner is only required under subsection (1)(a) to make reasonable efforts to serve one of those owners.

    (4)     In this section—

"notice of application" means a notice that—

        (a)     includes the information required by section 7(1)(c), (d), (e) and (f); and

        (b)     states that it is an offence to obscure, damage or destroy the notice before the day after the application is finally determined.



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