South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to
subsection (3), a control order must be served on the defendant
personally.
(2) If a police
officer has reasonable cause to suspect that a person is a person on whom a
control order is required to be served in accordance with this section, the
officer may—
(a)
require the person to state all or any of the person's personal details; and
(b)
require the person to remain at a particular place for—
(i)
so long as may be necessary for the order to be served on
the person; or
(ii)
2 hours,
whichever is the lesser; and
(c) if
the person refuses or fails to comply with a requirement under a preceding
paragraph, or the officer has reasonable cause to suspect that the requirement
will not be complied with, arrest and detain the person in custody (without
warrant) for the period referred to in paragraph (b).
(3) If the person
serving a control order—
(a) has
reasonable cause to believe that the defendant is present at any premises; but
(b) is
unable to gain access to the defendant at the premises for the purpose of
effecting personal service of the order on the defendant,
the control order may be served on the defendant by—
(c)
leaving it for the defendant at the premises with someone apparently over the
age of 16 years; or
(d) if
the person serving the order is unable to gain access to such a person at the
premises—affixing it to the premises at a prominent place at or near to
the entrance to the premises.
(4) A control order is
not binding on the defendant until it has been served on the defendant in
accordance with this section.