CRIMINAL PROCEDURE ACT 2009 - SECT 394 Ordinary service

CRIMINAL PROCEDURE ACT 2009 - SECT 394

    (1)     Unless this Act or any other Act or the rules of court otherwise provide, ordinary service of a document is effected—

        (a)     by sending a copy of the document by prepaid ordinary post addressed to the person to be served at the last known place of residence or business of the person; or

S. 394(1)(ab) inserted by No. 55/2014 s. 117.

        (ab)     if the document relates only to a traffic camera offence, by sending a copy of the document by prepaid ordinary post addressed to the person to be served at a post office box address nominated by the person; or

        (b)     if the person to be served is represented by a legal practitioner, by sending a copy of the document by prepaid ordinary post addressed to the legal practitioner at the ordinary business address of the legal practitioner; or

S. 342(ba) inserted by No. 68/2009 s. 39(3), renumbered as s. 394(1)(ba) by No. 68/2009 s. 52(f).

        (ba)     if the person to be served is represented by a legal practitioner who has facilities for the reception of documents in a document exchange, by delivering a copy of the document addressed to the legal practitioner into those facilities; or

        (c)     in any other manner agreed by the parties.

Notes

1     See section 49 of the Interpretation of Legislation Act 1984 as to service by post.

2     The Electronic Transactions (Victoria) Act 2000 applies to enable a document to be served electronically, including fax transmission and email, in accordance with that Act.

S. 342(2) inserted by No. 68/2009 s. 39(4), renumbered as s. 394(2) by No. 68/2009 s. 52(f).

    (2)     If a document is delivered into the facilities of a document exchange in accordance with subsection (1)(ba), the day of service of the document is taken to be—

        (a)     the day following the day on which it is so delivered; or

        (b)     if the document is delivered on a Friday, the following Monday—

or on any other day that may be proved.

S. 343 amended by No. 68/2009 s. 51(zx), renumbered as s. 395 by No. 68/2009 s. 52(g).