CORRECTIONS ACT 1986 - SECT 71C Service of notice to produce or notice to attend

CORRECTIONS ACT 1986 - SECT 71C

    (1)     Subject to subsection (2), a notice to produce or notice to attend, or a notice varying or revoking a notice to produce or notice to attend, must be served at a reasonable time, being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the notice.

    (2)     The Board may serve a notice to attend requiring immediate attendance by a person if—

        (a)     the Board considers on reasonable grounds that a delay in the person's attendance is likely to result in—

              (i)     evidence being lost or destroyed; or

              (ii)     the commission of an offence, the continuation of a commission of an offence or an attempt to commit an offence; or

              (iii)     the person on whom the notice is served absconding or otherwise evading attendance; or

              (iv)     serious prejudice to the conduct of the meeting to which the notice relates; or

        (b)     the person on whom the notice is served consents to immediate attendance.

    (3)     A notice to produce or notice to attend may be served—

        (a)     by serving a copy of the notice on the person personally; or

        (b)     by sending a copy of the notice by prepaid ordinary post addressed to the person at the person's last known residential address; or

        (c)     if the person—

              (i)     has facilities for the reception of documents in a document exchange; and

              (ii)     consents to accepting personal service of documents by delivery to those facilities in the document exchange—

by delivering a copy of the notice addressed to the person into those facilities; or

        (d)     if the person consents to documents being served electronically, by sending the notice by means of electronic communication, including by fax transmission or email.

S. 71D inserted by No. 41/2015 s. 6.