National Crime Authority (State Provisions) Regulations 1985 (SA)

South Australia

National Crime Authority (State Provisions) Regulations 1985

under the National Crime Authority (State Provisions) Act 1984

Contents

1. Short title

2. Interpretation

3. Search warrant

4. Order to show cause why passport of witness should not be delivered to Authority

5. Service of summons to appear before Authority

6. Warrant to apprehend

Schedule—Forms

Legislative history

1—Short title

These regulations may be cited as the National Crime Authority (State Provisions) Regulations 1985.

2—Interpretation

In these regulations, unless the contrary intention appears—

Act means the National Crime Authority (State Provisions) Act 1984;

Authority means the National Crime Authority established by section 7 of the Commonwealth Act.

3—Search warrant

A warrant issued by a Judge of a prescribed court under section 12 of the Act shall be in accordance with Form 1 in the Schedule.

4—Order to show cause why passport of witness should not be delivered to Authority

An order made by a Judge of the Federal Court under subsection (1) of section 15 of the Act shall be in accordance with Form 2 in the Schedule.

6—Service of summons to appear before Authority

1. For the purposes of subsections (1) and (2) of section 17 of the Act, each of the following manners of serving a summons is prescribed:

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

   (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;

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

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

   (b)where the person named in the summons is a body corporate—

   (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, above 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;

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

2. A Judge shall not give a direction referred to in subparagraph (iii) of paragraph (a) of subregulation (1) of this regulation in relation to the service of a summons on a person unless the Judge is satisfied upon information furnished in writing by a solicitor employed by the Authority, that—

   (a)service of the summons on the person in a manner specified in subparagraph (i) or (ii) of paragraph (a) of subregulation (1) of this regulation 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 subparagraph (iii) of paragraph (a) of subregulation (1) of this regulation would result in the summons coming to the notice of the person.

3. In this regulation—

   Judge means—

   (a)a Judge of the Federal Court; or

   (b)a Judge of the Court of a State or Territory.

7—Warrant to apprehend

A warrant issued under subsection (1) of section 20 of the Act for the apprehension of a person shall be in accordance with Form 4 in the Schedule.

Schedule—Forms

Legislative history

Notes

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

Revocation of regulations

These regulations were continued in existence under the Australian Crime Commission (Transitional) Regulations 2004 which were revoked by the Australian Crime Commission (South Australia) Regulations 2004 on 8.7.2004.

Principal regulations and variations

Year	No	Reference	Commencement
1985	105	Gazette 6.6.1985 p2085	6.6.1985
1994	113	Gazette 7.7.1994 p38	7.7.1994: r 2
2003	147	Gazette 12.6.2003 p2500	12.6.2003: r 2

Provisions varied

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
Heading preceding r 3	deleted by 147/2003 Sch 1	12.6.2003
Heading preceding r 4	deleted by 147/2003 Sch 1	12.6.2003
r 5	deleted by 113/1994 r 3	7.7.1994
Heading preceding r 6	deleted by 147/2003 Sch 1	12.6.2003
r 6
r 6(1)	varied by 113/1994 r 4(a)—(d)	7.7.1994
r 6(2)	varied by 113/1994 r 4(e)	7.7.1994
r 6(3)	inserted by 113/1994 r 4(f)	7.7.1994
Sch	heading substituted by 147/2003 Sch 1	12.6.2003
Sch
Form 3	deleted by 113/1994 r 5	7.7.1994