Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 34

Service of summons to answer to a charge

34. Service of summons to answer to a charge



(1) Every summons to answer to a charge, except where otherwise expressly
enacted-

   (a)  must be served-

   (i)  in the case of a charge of an indictable offence in respect of which
        the registrar has fixed a committal mention date, at least 7 days
        before that date or such other time before that date as is prescribed
        by the regulations; and

   (ii) in any other case, at least 14 days before the mention date; and

   (b)  must be served on the defendant by-

   (i)  delivering a true copy of the summons to the defendant personally; or

   (ii) leaving a true copy of the summons for the defendant at the
        defendant's last or most usual place of residence or of business with
        a person who apparently resides or works there and who apparently is
        not less than 16 years of age.

(2) If it appears to the Court, by evidence on oath or by affidavit, that
service cannot be promptly effected, the Court may make an order for
substituted service.

(3) If a defendant is a company or registered body (within the meaning of the
Corporations Act), a summons to answer to a charge may be served on that
defendant in accordance with section 109X or 601CX of that Act, as the case
requires.