South Australian Consolidated Acts

SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 30

30—Service and notification

        (1)         Subject to subsection (5), if a public safety order is made or varied by a senior police officer, the senior police officer must ensure that—

            (a)         a copy of the order as so made or varied; and

            (b)         a notification in accordance with this section,

is served personally on each person to whom the order relates.

        (2)         The notification accompanying the order—

            (a)         must be in writing; and

            (b)         must specify the date on which the order or variation was made; and

            (c)         if the order as so made or varied is one to which section 26 applies—

                  (i)         subject to subsection (3), must include a statement of the grounds on which the public safety order, any variations made to the public safety order and any relevant authorisation order was made; and

                  (ii)         include an explanation of the right of objection under section 26.

        (3)         A statement of the grounds on which a public safety order, variations to a public safety order or an authorisation order has been made must not contain information that must not be disclosed in accordance with section 29.

        (4)         If a police officer has reasonable cause to suspect that a person is a person on whom a public safety order and notification are 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 and notification required under this section 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).

        (5)         If the person serving a public safety order and notification—

            (a)         has reasonable cause to believe that the person to be served is present at any premises; but

            (b)         is unable to gain access to the person at the premises for the purpose of effecting personal service of the order and notification on the person,

the order and notification may be served on the person by—

            (c)         leaving them for the person at the premises with someone apparently over the age of 16 years; or

            (d)         if the person serving the order and notification is unable to gain access to such a person at the premises—affixing them to the premises at a prominent place at or near to the entrance to the premises.

        (6)         A public safety order (as made or varied) is not binding on a person to whom the order relates unless the order and notification have been served on that person in accordance with this section.

        (7)         Once a public safety order and notification have been served on a person in accordance with this section, the order is binding on the person, regardless of whether any other person or persons to whom the order relates have been so served.