New South Wales Repealed Regulations

This legislation has been repealed.

NATIONAL CRIME AUTHORITY (STATE PROVISIONS) REGULATION 2000 - REG 5

5 Service of summons to appear before Authority

(1) Each of the ways specified in this clause for serving a summons is prescribed for the purposes of section 19 (1) or (2) of the Act.

(2) If the summons is to be served on a natural person, it may be served:

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

(b) if service in that way is not practicable:

(i) by leaving a copy of the summons at the person's last known or usual place of residence or business with another person who is, or is reasonably believed to be, over the age of 16 years and is, or is reasonably believed to be, residing, or employed, at that place, or

(ii) by sending a copy of the summons by registered post or certified mail to the person at the person's last known or usual place of residence or business or at the person's last known or usual postal address.

(3) If the summons is to be served on a body corporate, it may be served:

(a) by tendering a copy of it to a person who is, or is reasonably believed to be, an officer of, or in the employment of, the body corporate and is, or is reasonably believed to be, above the age of 16 years at the head office, a registered office, a principal office or a principal place of business of the body corporate, or

(b) if on tender of the copy the person refuses to accept it, by leaving it at or on the premises, or

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

(4) If a Judge has given a direction that the summons should be served on a natural person, the summons may be served:

(a) by leaving a copy of it with another person identified in the direction who, in the opinion of the Judge, is likely to bring its contents to the notice of that person, or

(b) by sending it by registered post or certified mail to an address, specified in the direction, being the address of a place that the Judge has reasonable grounds to believe to be a place frequented by that person.

(5) A Judge may give a direction referred to in subclause (4) in relation to the service of a summons on a natural person only if satisfied on information given in writing by a member or an acting member of the Authority:

(a) that service of the summons on the person in a way specified in subclause (2) has not been, or is not likely to be, successful, and

(b) that service of the summons in a manner specified in that subclause is likely to result in the summons coming to the notice of the person.

(6) In this clause, "Judge" means:

(a) a Judge of the Federal Court, or

(b) a Judge of the Court of a State or Territory.

Note: Section 19 of the Act makes it an offence for a person to fail, without reasonable excuse, to attend a hearing of the Authority if summoned to attend as a witness.