Australian Crime Commission (South Australia) Regulations 2004 (SA)

South Australia

Australian Crime Commission (South Australia) Regulations 2004

under the Australian Crime Commission (South Australia) Act 2004

1Short title

These regulations may be cited as the Australian Crime Commission (South Australia) Regulations 2004.

2Commencement

These regulations come into operation on the day on which they are made.

3Interpretation

In these regulations, unless the contrary intention appears—

Act means the Australian Crime Commission (South Australia) Act 2004.

4Service of summons to appear before an examiner

1. (1)

   For the purposes of sections 23(1) and 23(2) of the Act, each of the following manners of serving a summons is prescribed:

   1. (a)

      where the person named in the summons is a natural person—

      1. (i)

         tendering a copy of the summons to the person or, 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; or

      2. (ii)

         if service in the manner specified in subparagraph (i) is not practicable—

         1. (A)

            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

         2. (B)

            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

      3. (iii)

         if a Judge has, subject to subregulation (2), given a direction that the summons should be so served—

         1. (A)

            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

         2. (B)

            sending a copy of the summons 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;

   2. (b)

      where the person named in the summons is a body corporate—

      1. (i)

         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 or, if on tender of the copy the person refuses to accept it, leaving it at or upon the premises where the person is; or

      2. (ii)

         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 a postal address of the body corporate.

2. (2)

   A Judge must not give a direction referred to in subregulation (1)(a)(iii) in relation to the service of a summons on a person unless the Judge is satisfied upon information furnished in writing by an examiner, that—

   1. (a)

      service of the summons on the person in a manner specified in subregulation (1)(a)(i) or (ii) has not been, or is not likely to be, successful; and

   2. (b)

      there is a likelihood that service of the summons in a manner specified in subregulation (1)(a)(iii) would result in the summons coming to the notice of the person.

3. (3)

   In this regulation—

Judge means—

1. (a)

   a Judge of the Federal Court; or

2. (b)

   a Judge of a court of the State.

5Warrant for apprehension of witness

A warrant issued under section 24 of the Act for the apprehension of a person must be in accordance with the form set out in Schedule 1.

6Search warrant

A search warrant issued by an issuing officer under section 29 of the Act must be in accordance with the form set out in Schedule 2.

Schedule 1—Warrant to apprehend (section 24)

Schedule 2—Search warrant (section 29)

Schedule 3—Revocation of Australian Crime Commission (South Australia) (Transitional) Regulations 2004

The Australian Crime Commission (South Australia) (Transitional) Regulations 2004 are revoked.

Legislative history

Notes

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or regulations

  Year	No	Reference	Commencement
  2004	152	Gazette 8.7.2004 p2499	8.7.2004: r 2