Australian Capital Territory Numbered Regulations

AUSTRALIAN CRIME COMMISSION (ACT) REGULATIONS 2004 (NO 21 OF 2004) - REG 4

    (1)     A summons may be served on an individual by—

        (a)     giving a copy of the summons to the individual; or

        (b)     if on the giving of the summons the individual refuses to accept it—

              (i)     putting it down in the presence of the individual; or

              (ii)     leaving it at or on the place or premises where the individual is.

    (2)     If service under subregulation (1) is not practicable, a copy of the summons may be served on an individual by—

        (a)     leaving it at the last-known or usual place of residence or business of the individual with someone else who is, or is reasonably believed to be—

              (i)     over 16 years old; and

              (ii)     living, or employed, at that place; or

        (b)     sending it by registered post or certified mail to the individual at the last-known or usual place of residence or business, or postal address, of the individual.

    (3)     A judge may direct that a summons may be served on an individual by—

        (a)     leaving a copy of the summons with another individual identified in the direction, who in the judge's opinion is a person likely to bring the contents of the summons to the notice of the individual; or

        (b)     sending a copy of the summons by registered post or certified mail to an address stated in the direction, that the judge has reasonable grounds to believe to be the address of a place frequented by the individual.

    (4)     However, a judge must not give a direction under subregulation (3) unless the judge is satisfied, based on information given in writing by an examiner, that—

        (a)     service of the summons on the individual under subregulation (1) or (2) has not been, or is not likely to be, successful; and

        (b)     service of the summons in accordance with the direction is likely to result in the summons coming to the notice of the individual.

    (5)     In this regulation:

"judge" includes a judge of the Federal Court.

Note     Judge is defined in the Legislation Act to mean a resident judge, additional judge or acting judge under the Supreme Court Act 1933 (see Legislation Act, dict, pt 1).