Northern Territory Numbered Regulations

AUSTRALIAN CRIME COMMISSION (NORTHERN TERRITORY) REGULATIONS (NO 10 OF 2005) - REG 4

    (1)     For section 23(1) and (2) of the Act, each manner of serving a summons set out in this regulation is prescribed.

    (2)     If the person named in the summons is a natural person, the summons must be served –

    (a)     by –

                (i)     tendering a copy of the summons to the person; or

                (ii)     if, on tender of the copy, the person refuses to accept it – putting it down in the presence of the person or leaving it at or upon the place or premises where the person is;

    (b)     if service in the manner specified in paragraph (a) is not practicable, by –

                (i)     leaving a copy of the summons at the last known or usual place of residence or business of the person with another person who is, or is reasonably believed to be, over the age of 16 years and is, or is reasonably believed to be, residing or employed at that place; or

                (ii)     sending a copy of the summons by registered post or certified mail to the person at the last known or usual place of residence or business of the person or at the last known or usual postal address of the person; or

    (c)     if a judge has, subject to subregulation (4), given a direction that the summons should be served in this manner, by –

                (i)     leaving a copy of the summons with another person identified in the direction, being a person who, in the opinion of the judge, is likely to bring the contents of the summons to the notice of the person; or

                (ii)     sending it by registered post or certified mail to an address specified in the direction, being the address of a place that the judge has reasonable grounds to believe to be a place frequented by the person.

    (3)     If the person named in the summons is a body corporate, the summons must be served by –

    (a)     tendering a copy of the summons to a person who is, or is reasonably believed to be, an officer of, or in the service of, the body corporate and is, or is reasonably believed to be, over the age of 16 years at the head office, a registered office, a principal office or a principal place of business of the body corporate;

    (b)     if on tender of the copy the person refuses to accept it – leaving it at or on the premises; or

    (c)     sending a copy of the summons by registered post or certified mail to the head office, a registered office, a principal office or a principal place of business of the body corporate or at the last postal address of the body corporate.

    (4)     A judge must not give a direction referred to in subregulation (2)(c) in relation to the service of a summons on a person unless the judge is satisfied on information given in writing by the examiner that –

    (a)     service of the summons on the person in a manner specified in subregulation (2)(a) or (b) has not been, or is not likely to be, successful; and

    (b)     there is a likelihood that service of the summons in a manner specified in subregulation (2)(c) would result in the summons coming to the notice of the person.