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.