Australian Crime Commission (State Provisions) Regulations 2024

For the purposes of section 23(1) and (2)(c) of the Act, each of the following manners of serving a summons is prescribed for a summons directed to a natural person—

giving a copy of the summons to the person personally;

if, on attempting to give a copy of the summons to the person personally, the person refuses to accept it—

putting it down in the presence of the person; or

leaving it at the place or on the premises where the person is;

if service in the manner specified in paragraph (a) or (b) is not practicable—

leaving a copy of the summons at the person's last known or usual place of residence or business with another person who is, or is reasonably believed to be—

over 16 years of age; and

residing or employed at that place; or

sending a copy of the summons by registered post or certified mail addressed to the person at the person's last known or usual place of residence or business or postal address; or

delivering a copy of the document to the person by means of an electronic communication that is confirmed as having been received by the person;

if a Judge has given a direction under subregulation (3), in a manner specified in subregulation (4).

For the purposes of section 23(1) and (2)(c) of the Act, each of the following manners of serving a summons is prescribed for a summons directed to a body corporate—

giving a copy of the summons to a person who is, or is reasonably believed to be, over 16 years of age and an officer of, or in the service of, the body corporate at the head office, a registered office, a principal office or a principal place of business of the body corporate;

if, on attempting to give a copy of the summons to a person in the manner specified in paragraph (a), the person refuses to accept it—

putting it down in the presence of the person; or

leaving it at the place or on the premises where the person is;

sending a copy of the summons by registered post or certified mail addressed to the body corporate at the head office, a registered office, a principal office, a principal place of business or a postal address of the body corporate;

delivering a copy of the summons to the body corporate by means of an electronic communication that is confirmed as having been received by the body corporate.

On application by an examiner in writing, a Judge may direct that a person be served with a summons in a manner specified in subregulation (4) if the Judge is satisfied on the basis of written information provided by the examiner that—

service of the summons on the person in a manner specified in subregulation (1)(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 subregulation (4) would result in the summons coming to the notice of the person.

The specified manners of service are—

leaving a copy of the summons with another person identified in the direction who, in the opinion of the Judge, is likely to bring the contents of the summons to the notice of the person named in the summons; or

sending a copy of the summons by registered post or certified mail to an address specified in the direction that the Judge has reasonable grounds to believe to be a place frequented by the person named in the summons.

In this regulation—

a Judge of the Federal Court; or

a Judge of the Supreme Court; or

a Judge of the County Court.