South Australian Consolidated Regulations

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NATIONAL ELECTRICITY (SOUTH AUSTRALIA) REGULATIONS - REG 10

10—Service of summons to appear as a witness

        (1)         For the purposes of section 143 of the new National Electricity Law, a summons issued by the AER must include—

            (a)         the name and address of the person on whom the summons is to be served; and

            (b)         if the summons is for the production of a document—

                  (i)         a proper description of the document; and

                  (ii)         if the document is to be produced by a person that is a corporation, the name and title of the appropriate officer of the corporation who is to attend and produce the document; and

            (c)         the date, time and place of the hearing of the AER at which the person is required to attend and (if required) to produce the document.

        (2)         The summons will remain in force for a period specified in the summons or, if no period is specified, until the conclusion of the proceeding in relation to which the summons has been issued.

        (3)         The summons will be taken to be effectively served if—

            (a)         a copy of the summons is handed to the person to be served or, where service by that method is refused or obstructed or made impracticable, a copy of the summons is placed as near as practicable to the person and the person is informed of the nature of the summons; or

            (b)         a copy of the summons is delivered to a legal practitioner acting for the person to be served and the legal practitioner endorses a statement on the summons to the effect that the legal practitioner accepts service; or

            (c)         where the person to be served is a corporation, a copy of the summons is served on the corporation in accordance with the provisions of the Corporations Act 2001 of the Commonwealth; or

            (d)         a copy of the summons is served in accordance with an agreement made between the parties as to the place and method of service and the person on whom service may be effected; or

            (e)         an answer to the summons is filed with the AER; or

            (f)         the AER is satisfied that the person to be served has received a copy of the summons.



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