South Australian Current Regulations South Australian Current Regulations4—Service of summons to appear before an examiner
(1) For the purposes
of sections 23(1) and 23(2) of the Act, each of the following manners of
serving a summons is prescribed:
(a)
where the person named in the summons is a natural person—
(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 upon the place or premises where
the person is; or
(ii)
if service in the manner specified in
subparagraph (i) is not practicable—
(A) 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 the age of 16 years and
is, or is reasonably believed to be, residing, or employed, at that place; or
(B) 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, subject to subregulation (2), given
a direction that the summons should be so served—
(A) leaving a copy of the summons with
another person identified in the direction, being a person who, in the opinion
of the Judge, is likely to bring the contents of the summons to the notice of
the person; or
(B) sending a copy of the summons 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 the person;
(b)
where 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 of, or in the service of, the body
corporate and is, or is reasonably believed to be, over 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, if on tender of the copy the person
refuses to accept it, leaving it at or upon the premises where the person is;
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 at a postal address of
the body corporate.
(2) A Judge must not
give a direction referred to in subregulation (1)(a)(iii) in relation to
the service of a summons on a person unless the Judge is satisfied upon
information furnished in writing by an examiner, that—
(a)
service of the summons on the person in a manner specified in
subregulation (1)(a)(i) or (ii) has not been, or is not likely to be,
successful; and
(b)
there is a likelihood that service of the summons in a manner specified in
subregulation (1)(a)(iii) would result in the summons coming to the
notice of the person.
(3) In this
regulation—
"Judge" means—
(a) a
Judge of the Federal Court; or
(b) a
Judge of a court of the State.