Australian Capital Territory

Australian Crime Commission (ACT) Regulations 2004
Subordinate Law SL2004-21

The Australian Capital Territory Executive makes the following regulations under the Australian Crime Commission (ACT) Act 2003.
Dated 18 June 2004.
Jon Stanhope
Minister
Katy Gallagher
Minister

Australian Capital Territory

Australian Crime Commission (ACT) Regulations 2004
Subordinate Law SL2004-21
made under the
Australian Crime Commission (ACT) Act 2003

    

1	Name of regulations
These regulations are the Australian Crime Commission (ACT) Regulations 2004.
2	Commencement
These regulations commence on the commencement of the Australian Crime Commission (ACT) Act 2003, section 53.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4	Service of summons on individuals—Act, s 26 (1) and (3)
	(1)	A summons may be served on an individual by—
	(a)	giving a copy of the summons to the individual; or
	(b)	if on the giving of the summons the individual refuses to accept it—
	(i)	putting it down in the presence of the individual; or
	(ii)	leaving it at or on the place or premises where the individual is.
	(2)	If service under subregulation (1) is not practicable, a copy of the summons may be served on an individual by—
	(a)	leaving it at the last-known or usual place of residence or business of the individual with someone else who is, or is reasonably believed to be—
	(i)	over 16 years old; and
	(ii)	living, or employed, at that place; or
	(b)	sending it by registered post or certified mail to the individual at the last-known or usual place of residence or business, or postal address, of the individual.
	(3)	A judge may direct that a summons may be served on an individual by—
	(a)	leaving a copy of the summons with another individual identified in the direction, who in the judge’s opinion is a person likely to bring the contents of the summons to the notice of the individual; or
	(b)	sending a copy of the summons by registered post or certified mail to an address stated in the direction, that the judge has reasonable grounds to believe to be the address of a place frequented by the individual.
	(4)	However, a judge must not give a direction under subregulation (3) unless the judge is satisfied, based on information given in writing by an examiner, that—
	(a)	service of the summons on the individual under subregulation (1) or (2) has not been, or is not likely to be, successful; and
	(b)	service of the summons in accordance with the direction is likely to result in the summons coming to the notice of the individual.
	(5)	In this regulation:
judge includes a judge of the Federal Court.
Note	Judge is defined in the Legislation Act to mean a resident judge, additional judge or acting judge under the Supreme Court Act 1933 (see Legislation Act, dict, pt 1).
5	Service of summons on corporations—Act, s 26 (1) and (3) 
A summons may be served on a corporation by—
	(a)	giving a copy of the summons to a person, at the head office, a registered office, a principal office or a principal place of business of the corporation, who is, or is reasonably believed to be—
	(i)	an officer of, or in the service of, the corporation; and
	(ii)	over 16 years old; or 
	(b)	if the person refuses to accept a copy of the summons—leaving it at or on the premises where the person is; 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, or postal address, of the corporation.
6	Approved forms
	(1)	The Minister may, in writing, approve forms for the Act.
Note	For other provisions about forms, see Legislation Act, s 255.
	(2)	If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.

Endnotes
1	Notification
	Notified under the Legislation Act on 22 June 2004.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2004