(1) A summons shall be properly served upon the person to whom it is directed
if it is served in accordance with this subsection, that is to say—
(a) in
the case of a summons directed to a person to appear to answer a complaint of
a simple offence or breach of duty—by posting (by means of registered post)
a copy thereof addressed to the person at the person’s place of business or
residence last known to the complainant at least 21 days before the date on
which the defendant is, by the summons, required to appear; or
(b) in all
cases (including the case referred to in paragraph (a) )—by delivering a
copy thereof to the person personally or, if the person cannot reasonably be
found, by leaving a copy thereof with some person for the person at the
person’s usual place of business or residence or place of business or
residence last known to the person who serves the summons.
(2) Save where it
appears that the person to whom a copy of a summons was posted addressed to
the person at an address in this subsection specified was not, to the
knowledge of the complainant, at the time of posting, residing or carrying on
business at such address, it shall be sufficient compliance with subsection
(1) (a) if the copy summons is addressed to an address as follows—
(a) in
the case of an offence arising out of the driving or use of a motor vehicle or
an attempt so to do—the address appearing as the address of the person on a
driver licence produced by the person at or about the time of the alleged
offence or upon the investigation thereof;
(b) in the case of an offence
alleged against a person as owner of a vehicle required to be registered under
the Transport Operations (Road Use Management) Act 1995—the address
appearing in the current certificate of registration of the vehicle under that
Act, as the address of that person;
(c) in the case of any other offence or
breach of duty—the address appearing as the address of the person in any
licence or registration for the time being in force pertaining to such person
or to any property of which the person appears to be the owner or occupier and
which licence or registration such person holds or has effected under the Act
against or under a provision of which the offence or breach is alleged to have
been committed.
(3) The person who serves a summons shall either—
(a)
attend personally before the Magistrates Court, or, as the case may be, the
justices taking the examination of witnesses in relation to an indictable
offence, at the place and time for hearing mentioned in the summons and, if
necessary, at any extended time therefore, to depose, if necessary, to the
service thereof; or
(b) attend before any justice of the peace having
jurisdiction in the State or part of the State or part of the Commonwealth in
which such summons was served and depose, on oath and in writing endorsed on a
copy of the summons, to the service thereof.
(4) Where a summons is served as
prescribed by subsection (1) (a) —
(a) the person who serves the summons
shall, in the person’s deposition as to service endorsed on a copy of the
summons under subsection (3) , state the time and place at which the person
posted the copy of the summons; and
(b) the complainant shall depose, on oath
and in writing endorsed on the copy of the summons endorsed under subsection
(3) , that the address to which a copy of the summons was posted is (if such
be the case) the defendant’s address last known to the person and as to the
person’s means of knowledge.
(5) Every such deposition shall, upon
production to the Magistrates Court by which or to the magistrate by whom the
complaint upon which the summons issued, is heard, or, as the case may be, to
the justices who take the examination of witnesses in relation to an
indictable offence in respect of that complaint, be evidence of the matters
contained therein and be sufficient proof of the service of the summons on the
defendant.
(6) Where proof is required in any proceeding of the service of a
document which—
(a) pursuant to any enactment or rule of law may be served
in the same manner as a summons may be served under this Act; or
(b) is
served at the same time as, and in connection with, a summons served under
this Act;
the provisions of subsection (1) shall apply and be construed as if
a reference in that subsection to a summons were a reference to such a
document.
(7) The person who serves the document may attend before any
justice having jurisdiction in the State or part of the State or part of the
Commonwealth in which such document was served and depose on oath and in
writing endorsed on the document to the service thereof.
(8) The deposition
made under subsection (7) is, on production to the Magistrates Court or
justices—
(a) evidence of the matters contained in the deposition; and
(b)
sufficient proof of the service of the document on the defendant.
