Australian Capital Territory Repealed Regulations

This legislation has been repealed.

NATIONAL CRIME AUTHORITY (TERRITORY PROVISIONS) REGULATIONS 1995 (REPEALED) - REG 4

    (1)     For the Act, section 18 (1) or 18 (2) (c), each of the following way of serving a summons is prescribed:

        (a)     if the person named in the summons is an individual—

              (i)     tendering a copy of the summons to the person or, if on tender of the copy the person refuses to accept it, putting it down in the presence of the person or leaving it at or on the place or premises where the person is;

              (ii)     if service in a way specified in subparagraph (i) is not practicable—leaving a copy of the summons at the last-known or usual place of residence or business of the person with another person who is, or is reasonably believed to be, over 16 years old and is, or is reasonably believed to be, residing or employed at that place or sending a copy of the summons by registered post or certified mail to the person at the last-known or usual place of residence or business of the person or at the last-known or usual postal address of the person; or

              (iii)     if a judge has given a direction under subregulation (2)—service in accordance with the direction;

        (b)     if the person named in the summons is a body corporate—

              (i)     tendering a copy of the summons to a person who is, or is reasonably believed to be, an officer or employee of the body corporate and is, or is reasonably believed to be, over 16 years old, at the head office, a registered office, a principal office or a principal place of business of the body corporate or, if on tender of the copy the person refuses to accept it, leaving it at or on the premises; or

              (ii)     sending a copy of the summons by registered post or certified mail to the head office, a registered office, a principal office or a principal place of business of the body corporate or a postal address of the body corporate.

    (2)     A judge may direct that service of a summons to be served on an individual may be effected by—

        (a)     leaving a copy of the summons with another specified person; or

        (b)     sending a copy of the summons by registered post or certified mail to the person to be served at a specified address.

    (3)     A judge shall not give a direction under subregulation (2) unless satisfied on information given in writing by a member that—

        (a)     service on the person in a way specified in subregulation (1) (a) (i) or (ii) has not been, or is not likely to be, successful; and

        (b)     for a direction under subregulation (2) (a)—the person to be specified in the direction is likely to bring the contents of the summons to the notice of the person to be served; and

        (c)     for a direction under subregulation (2) (b)—the address to be specified in the direction is the address of a place frequented by the person to be served.