CONFISCATION ACT 1997 - SECT 137 Service of documents
CONFISCATION ACT 1997 - SECT 137
Service of documents(1) For the purposes of this Act, a document may be served on, or given to, a person—
(a) if the person is a natural person—
(i) by delivering it personally to the person; or
(ii) by sending it by post to the person at his or her usual or last known residential or business address; or
(iii) by leaving it at the person's usual or last known residential or business address with a person on the premises who is apparently at least 16 years old and apparently residing or employed there; or
S. 137(1)(a)(iv) inserted by No. 44/2022 s. 68(1).
(iv) if the person has given an electronic address as an address for receiving notices or other documents—by sending it by electronic communication to that electronic address; or
S. 137(1)(a)(v) inserted by No. 44/2022 s. 68(1).
(v) in any other prescribed way; or
S. 137(1)(b) amended by No. 44/2001 s. 3(Sch. item 21.2).
(b) if the person is a company incorporated under the Corporations Act—
(i) by delivering it personally to the registered office of the company; or
(ii) by sending it by post to the registered office of the company; or
(iii) in any other way that service of documents may be effected on a body corporate; or
S. 137(1)(b)(iv) inserted by No. 44/2022 s. 68(2).
(iv) if the company has given an electronic address as an address for receiving notices or other documents—by sending it by electronic communication to that electronic address; or
S. 137(1)(b)(v) inserted by No. 44/2022 s. 68(2).
(v) in any other prescribed way; or
S. 137(1)(c) amended by Nos 20/2012 s. 226(Sch. 5 item 5), 44/2022 s. 68(3).
(c) if the person is an incorporated association within the meaning of the Associations Incorporation Reform Act 2012 , in accordance with section 217 of that Act; or
S. 137(1)(d) inserted by No. 44/2022 s. 68(4).
(d) if the person is a legal practitioner who has given written notice that the legal practitioner represents a person in any proceeding under this Act and is instructed to accept personal service of documents on behalf of the person, personal service of a document on the person may be effected by—
(i) giving a copy of the document to the legal practitioner; or
(ii) leaving a copy of the document at the ordinary place of business of the legal practitioner with a person who appears to work there; or
(iii) sending a copy of the document by registered post addressed to the legal practitioner at the ordinary business address of the legal practitioner; or
(iv) delivering a copy of the document by means of fax or email to the legal practitioner of the person who—
(A) has consented to receiving documents on the person's behalf by fax or email; and
(B) has provided a fax number or address or email address to the prosecution or informant in the matter in respect of which the legal practitioner is representing the person; or
(v) if the legal practitioner—
(A) has facilities for the reception of documents in a document exchange; and
(B) consents to accepting personal service of documents by delivery to those facilities in the document exchange—
by delivering a copy of the document addressed to the legal practitioner into those facilities.
S. 137(2) amended by No. 6/2018 s. 68(Sch. 2 item 26.13).
(2) If it appears to a court, by evidence on oath or affirmation or by affidavit, that service cannot be promptly effected, the court may make an order for substituted service.