South Australian Current Acts

SUMMARY OFFENCES ACT 1953 - SECT 66C

66C—Service of notice

        (1)         Subject to the making of an order under subsection (3), a consorting prohibition notice must be served on the recipient personally and is not binding on the recipient until it has been so served.

        (2)         If a police officer has reason to believe that a person is subject to a consorting prohibition notice that has not been served on the person, the officer may—

            (a)         require the person to remain at a particular place for—

                  (i)         so long as may be necessary for the notice to be served on the person; or

                  (ii)         2 hours,

whichever is the lesser; and

            (b)         if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (a).

        (3)         If a police officer satisfies the Court that all reasonable efforts have been made to effect personal service of a notice on a recipient in accordance with this section but that those efforts have failed, the Court may make such orders as it thinks fit in relation to substituted service (and the notice is not binding on the recipient until it has been so served).