SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 77 Service of documents under this Act
SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 77
Service of documents under this Act(1) A document required to be served under this Act must be served under section 25 of the Interpretation Act .
(2) If it is not reasonably practicable for a document to be served on a person as mentioned in subsection (1), the document may be served by affixing it to a prominent place at or near to the entrance to premises if:
(a) the person serving the document (the process server ) reasonably believes the person on whom the document must be served is present at the premises; but
(b) the process server is unable to gain access to the person at the premises to personally serve the document.
(3) Despite subsections (1) and (2), if a police officer is satisfied an order should take effect in relation to a person to whom the order relates as a matter of urgency:
(a) the officer may tell the person the contents of the order and advise the person of the place at which the person may obtain the order and any document required by this Act to accompany the order; and
(b) on the person being told the information mentioned in paragraph (a), the order is taken to be served on the person.
(4) The police officer who tells the person the contents of the order must ensure the following documents are available for collection by the person at the place as mentioned in subsection (3)(a) on the next business day following the day on which the order was communicated (during the ordinary business hours applicable to the place):
(a) the order;
(b) any document that would have been required to accompany the order if the order had been served on the person under subsection (1).
(5) In this section:
"business day" means a day that is not a Saturday, Sunday or public holiday .
"order" means:
(a) a control order, public safety order or fortification removal order; or
(b) a variation to a control order, public safety order or fortification removal order.