National Crime Authority (Territory Provisions) Regulations 1995 (ACT)

Case

National Crime Authority (Territory Provisions) Regulations 1995 (repealed)   

SL1995-39

made under the

National Crime Authority (Territory Provisions) Act 1991

Republication No 2

Effective:  18 June 2004

Republication date: 18 June 2004

As repealed by A2003-58 s 67

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the National Crime Authority (Territory Provisions) Regulations 1995 (repealed), made under the National Crime Authority (Territory Provisions) Act 1991, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 18 June 2004. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

    Penalties

    The value of a penalty unit for an offence against this republished law at the republication date is—

    (a)if the person charged is an individual—$100; or

    (b)if the person charged is a corporation—$500.

    National Crime Authority (Territory Provisions) Regulations 1995 (repealed)

    made under the

    National Crime Authority (Territory Provisions) Act 1991

    Contents

    Page

    1. Name of regulations  2

    2. Service of summons to appear before authority  2

    Endnotes

    1. About the endnotes  4

    2. Abbreviation key  4

    3. Legislation history  5

    4. Amendment history  5

    5. Earlier republications  6

    National Crime Authority (Territory Provisions) Regulations 1995 (repealed)

    made under the

    National Crime Authority (Territory Provisions) Act 1991

    1. Name of regulations

      These regulations are the National Crime Authority (Territory Provisions) Regulations 1995.

    2. Service of summons to appear before authority

      (1)For the Act, section 18 (1) or 18 (2) (c), each of the following way of serving a summons is prescribed:

      (a)if the person named in the summons is an individual—

      (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 on the place or premises where the person is;

      (ii)if service in a way 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 16 years old 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; or

      (iii)if a judge has given a direction under subregulation (2)—service in accordance with the direction;

      (b)if 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 or employee of the body corporate and is, or is reasonably believed to be, over 16 years old, 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 on the premises; or

      (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 a postal address of the body corporate.

      (2)A judge may direct that service of a summons to be served on an individual may be effected by—

      (a)leaving a copy of the summons with another specified person; or

      (b)sending a copy of the summons by registered post or certified mail to the person to be served at a specified address.

      (3)A judge shall not give a direction under subregulation (2) unless satisfied on information given in writing by a member that—

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

      (b)for a direction under subregulation (2) (a)—the person to be specified in the direction is likely to bring the contents of the summons to the notice of the person to be served; and

      (c)for a direction under subregulation (2) (b)—the address to be specified in the direction is the address of a place frequented by the person to be served.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    am = amended ord = ordinance
    amdt = amendment orig = original
    ch = chapter par = paragraph/subparagraph
    cl = clause pres = present
    def = definition prev = previous
    dict = dictionary (prev...) = previously
    disallowed = disallowed by the Legislative pt = part
    Assembly r = rule/subrule
    div = division reg = regulation/subregulation
    exp = expires/expired renum = renumbered
    Gaz = Gazette reloc = relocated
    hdg = heading R[X] = Republication No
    IA = Interpretation Act 1967 RI = reissue
    ins = inserted/added s = section/subsection
    LA = Legislation Act 2001 sch = schedule
    LR = legislation register sdiv = subdivision
    LRA = Legislation (Republication) Act 1996 sub = substituted
    mod = modified/modification SL = Subordinate Law
    o = order underlining = whole or part not commenced
    om = omitted/repealed or to be expired
    1. Legislation history

      The National Crime Authority (Territory Provisions) Regulations 1995 (repealed) were originally the National Crime Authority (Territory Provisions) Regulations.  They were renamed under the Legislation Act 2001.

      National Crime Authority (Territory Provisions) Regulation 1995 No 39

      notified 13 October 1995
      commenced 13 October 1995

      as amended by

      Legislation (Consequential Amendments) Act 2001 No 44 pt 254

      notified 26 July 2001 (Gaz 2001 No 30)
      s 1, s 2 commenced 26 July 2001 (IA s 10B)
      pt 254 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

      as repealed by

      Australian Crime Commission (ACT) Act 2003 A2003-58 s 67

      notified LR 17 December 2003
      s 1, s 2 commenced 17 December 2003 (LA s 75 (1))
      s 67 commenced 17 June 2004 (s 2 and LA s 79)



    2. Amendment history

      Name of regulations

      reg 1 hdgam R1 LA

      reg 1am R1 LA

      Commencement

      reg 2om Act 2001 No 44 amdt 1.2897

      Interpretation

      reg 3om Act 2001 No 44 amdt 1.2897

    3. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical.

    Republication No and date

    Effective

    Last amendment made by

    Republication for

    R1
    1 Aug 2002
    1 Aug 2002–
    17 June 2004
    A2001-44 new regulations and amendments by A2001-44

    ©  Australian Capital Territory 2004

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