Commonwealth Consolidated Acts

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 8

             (1)  This Act does not affect a decision of a court or tribunal to allow substituted service of a process.

             (2)  This Act does not affect the operation of:

                     (a)  the Transfer of Prisoners Act 1983 , or a law of a State that, in an instrument published under section 5 of that Act, is declared to be a State transfer law of the State; or

                     (b)  the Removal of Prisoners (Territories) Act 1923 ; or

                     (c)  the Removal of Prisoners (Australian Capital Territory) Act 1968 of the Australian Capital Territory; or

                     (d)  the Family Law Act 1975 , or the regulations or Rules of Court made under that Act.

             (3)  This Act does not affect the operation of a law of a State so far as the law provides for service of a subpoena on a person:

                     (a)  only after permission or leave has been given; or

                     (b)  only if it is served not less than a specified number of days, being greater than 14 days, before the date for compliance with the subpoena.

          (3A)  This Act:

                     (a)  does not affect the operation of the cross-border laws; and

                     (b)  does not apply to a person in relation to a particular matter if the cross-border laws would, apart from this Act, apply to the person in relation to the matter.

             (4)  Subject to this Act, this Act applies to the exclusion of a law of a State (the relevant State ) with respect to:

                     (a)  the service or execution in another State of process of the relevant State that is process to which this Act applies; or

                     (b)  the service or execution in the relevant State of process of another State that is process to which this Act applies; or

                     (c)  the service or execution in another State of judgments of a court of the relevant State that are judgments to which this Act applies; or

                     (d)  the service or execution in the relevant State of judgments of a court of another State that are judgments to which this Act applies; or

                     (e)  the service or execution in another State of judgments to which this Act applies that are orders of a tribunal of the relevant State; or

                      (f)  the service or execution in the relevant State of judgments to which this Act applies that are orders of a tribunal of another State.