Serving documents by electronic communication
789E Serving documents by electronic communication
A police officer may serve a prescribed document on a person by electronic communication sent to a unique electronic address of the person if—
the police officer reasonably believes, having regard to the circumstances—
the electronic communication will be received by the person within a reasonable time; and
the electronic communication would be readily accessible by the person so as to make the document useable by subsequent reference; and
it is appropriate to do so in the circumstances given the purpose and effect of the document; and
the police officer has made a reasonable effort to ensure the person understands the purpose and effect of the document; and
the person has given consent under this part for service of the document by electronic communication; and
the person’s consent has not ceased to have effect under section 789J; and
the person has nominated the person’s unique electronic address for service by electronic communication.
Also, the police officer may serve a related document on the person by electronic communication sent to the person’s nominated unique electronic address if the person’s consent has not ceased to have effect under section 789J.
However, the police officer must not serve the prescribed document or related document on a person under this section if the police officer reasonably suspects the person is—
a child under 16 years; or
a person with impaired capacity.
This section does not prevent a police officer from—
personally serving the prescribed document or related document on the person; or
serving the prescribed document or related document on a lawyer acting for the person in a proceeding.
This Act’s bill:Explanatory memorandum
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