Northern Territory Consolidated Acts

JUSTICES ACT - SECT 27A

    (1)     A summons issued under section 57(2) to a person other than a corporation may be served on a defendant:

        (a)     by delivering 2 copies of the summons to the defendant personally; or

        (b)     subject to subsection (2), by leaving 2 copies of the summons for the defendant at his last-known place of abode or business with a person apparently an inmate or employed at that place and apparently not less than 16 years of age; or

        (c)     subject to subsections (2) and (3), by posting by registered post service, as provided under the Australian Postal Corporation Act 1989 of the Commonwealth, 2 copies of the summons to the defendant at his last-known place of abode or business.

    (2)     If a certificate of the clerk given under section 57(3) is to be served on the defendant, the summons shall also be served on the defendant personally.

    (3)     A summons served under subsection (1)(c) on a defendant shall be served:

        (a)     if the offence alleged in the summons is an offence in respect of which a traffic infringement notice, within the meaning of Part 3 of the Traffic Regulations , may be served – not later than 90 days after the date of the alleged offence; or

        (b)     in any other case – not later than 60 days after the date of the alleged offence,

and not earlier than one month before the date shown on the summons as the date for the hearing of the charge to which that summons relates.

    (4)     A summons issued under section 57(2) to a corporation may be served on the corporation:

        (a)     by delivering 2 copies of the summons to a director, secretary, or other responsible officer of the corporation; or

        (b)     by posting by registered post service, as provided under the Australian Postal Corporation Act 1989 of the Commonwealth, 2 copies of the summons to the principal place of business of the corporation in the Territory.

    (5)     In the absence of evidence to the contrary, the address appearing on the summons shall be deemed to be the defendant's last-known place of abode or business.

    (6)     Where a summons has not been served personally, the Court or a Justice may, if it or he is of the opinion that there is a reasonable probability that the summons has not come to the notice of the defendant, refuse to adjudicate upon the complaint and direct that a fresh summons be issued and served personally on the defendant.