Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 36

Service of summonses for summary offences by post

36. Service of summonses for summary offences by post





(1) A summons to answer to a charge for a summary offence may be served by
posting, at least 14 days before the mention date, a true copy of the summons
addressed to the defendant at the last known place of residence or business of
the defendant.

(1A) In considering whether to effect service of a summons by post, an
informant must consider whether it is the most appropriate method of service
in all the circumstances as known by the informant including-

   (a)  the nature and gravity of the alleged offence;

   (b)  whether the defendant has previously been found guilty or convicted of
        any similar offence;

   (c)  the period of time that has elapsed since the defendant's address for
        service was ascertained.

(2) The regulations may prescribe how the last known place of residence or
business of a defendant is to be ascertained in specified circumstances.

(3) If a summons is served by post in accordance with this section, evidence
of service must state the manner of ascertainment of the address to which the
summons was posted and the time and place of posting and whether the informant
considered the matters referred to in subsection (1A) before determining to
effect service by post.



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