Australian Crime Commission Regulations 2018

For the purposes of subsection 30(1) and paragraph 30(2)(c) of the Act, this section prescribes the manner of serving a summons.

Subject to subsection (4), if the person named in the summons is a natural person, the summons is to be served by:

delivering a copy of the summons to the person personally; or

if on delivery 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

if service in the manner specified in paragraph (a) or (b) 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 the age of 16 years and who 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 the last known or usual postal address of the person; or

if a Judge has, subject to subsection (5), given a direction for the service of the summons:

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

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 the person.

Subject to subsection (4), if the person named in the summons is a body corporate, the summons is to be served by:

delivering 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

who is, or is reasonably believed to be, over the age of 16 years;

if on delivery of the copy the person refuses to accept it—leaving it at or upon 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 of the body corporate or to a postal address of the body corporate.

A summons may be served:

if the person named in the summons has nominated an electronic address for service in a document given to the ACC by the person—by sending it to the nominated electronic address for service; or

in any manner that the summons would be required or permitted to be served on the person named in the summons under rule 10.02, 10.03, 10.04, 10.05, 10.09 or 10.22 of the Federal Court Rules 2011 if:

the summons were a document of a kind to which the rule applied; and

the person were a person of a kind to which the rule applied.

A Judge must not give a direction mentioned in paragraph (2)(d) in relation to the service of a summons on a person unless the Judge is satisfied upon information given in writing by an examiner that:

service of the summons on the person in a manner specified in paragraph (2)(a), (b) or (c) has not been, or is not likely to be, successful; and

there is a likelihood that service of the summons in a manner specified in paragraph (2)(d) would result in the summons coming to the notice of the person.

In this section, Judge means:

a Judge of the Federal Court; or

a Judge of the Federal Circuit and Family Court of Australia (Division 2); or

a Judge of a court of a State or Territory.