Summary Procedure (Service) Regulations 2017 (SA)

South Australia

Summary Procedure (Service) Regulations 2017

under the Criminal Procedure Act 1921

Contents

1Short title

2Commencement

3Interpretation

4Exceptions to certain electronic forms of service and to electronic service of certain material

Legislative history

1—Short title

These regulations may be cited as the Summary Procedure (Service) Regulations 2017.

2—Commencement

These regulations will come into operation on the day on which the Summary Procedure (Service) Amendment Act 2017 comes into operation.

3—Interpretation

In these regulations—

Act means the Summary Procedure Act 1921.

4—Exceptions to certain electronic forms of service and to electronic service of certain material

(1)For the purposes of section 27 of the Act—

(a)a summons, notice or other document cannot be issued, given or sent to, or served on, a person by means of transmitting a text message or multimedia message between 2 or more mobile phones, or between fixed or portable devices over a phone network; and

(b)a summons, notice or other document cannot be issued, given or sent to, or served on, a person by email or some other electronic means if it includes any sensitive material within the meaning of section 67H of the Evidence Act 1929.

(2)Subregulation (1)(b) does not apply if the sensitive material is issued, given or sent to, or served on, a person by a prosecuting authority in the exercise of its powers under Part 7 Division 10 of the Evidence Act 1929.

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
2017	342	Gazette 19.12.2017 p5154	4.3.2018: r 2