Commonwealth Numbered Regulations

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SUMMARY AUTHORITY RULES (SLI NO 196 OF 2008) - RULE 67

Service of summons to witness

         (1)   A summons that is required by subsection 138 (2) of the Act to be served on a person other than the accused person must be served:

                (a)    by personally delivering the summons to that person; or

               (b)    by prepaying and posting the summons as a letter addressed to that person at:

                          (i)    the place where the person was last known to live; or

                         (ii)    the place where the person carries on business; or

                         (iii)    if the person carries on business at 2 or more places -- 1 of those places; or

                (c)    by leaving the summons:

                          (i)    at the place where the person was last known to live; and

                         (ii)    with another person who appears to live at that place and appears to be at least 16 years old; or

               (d)    by leaving the summons:

                          (i)    at the place where the person was last known to carry on business, or, if the person was last known to carry on business at 2 or more places, at 1 of those places; and

                         (ii)    with another person who appears to be in the service of the person and appears to be at least 16 years old; or

                (e)    with the person's consent -- by fax or email.

Note    A person may be served with a summons under this rule whether the person is a member of the Defence Force or not -- see subsection 138 (2) of the Act.

         (2)   If the summons is served by fax:

                (a)    the summons is taken to be served on completion of the transmission; and

               (b)    the person serving the summons must retain a paper copy of the receipt or delivery notice of the fax.

         (3)   If the summons is served by email:

                (a)    the summons is taken to be served at the time of receipt of the email; and

               (b)    the person effecting the service must retain a paper copy of the receipt or delivery notice of the email.

         (4)   If the summons is served on a corporation, the corporation may comply with the summons by authorising and ensuring attendance by its appropriate or proper officer.



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