Australian Crime Commission (ACT) Regulation 2004

This regulation is the Australian Crime Commission (ACT) Regulation 2004.

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

A summons may be served on an individual by—

giving a copy of the summons to the individual; or

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

putting it down in the presence of the individual; or

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

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

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—

over 16 years old; and

living, or employed, at that place; or

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.

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

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

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.

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

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

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

In this section:

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).

A summons may be served on a corporation by—

giving a copy of the summons to a person, at the head office, a registered office, a principal office or a principal place of business of the corporation, who is, or is reasonably believed to be—

an officer of, or in the service of, the corporation; and

over 16 years old; or

if the person refuses to accept a copy of the summons—leaving it at or on the premises where the person is; or

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, or postal address, of the corporation.

The Minister may, in writing, approve forms for the Act.

Note For other provisions about forms, see the Legislation Act, s 255.

If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.

An approved form is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.