Commonwealth Consolidated Acts

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 8

  (1)   This Act does not affect a decision of a court or tribunal to allow substituted service of a process.

  (2)   This Act does not affect the operation of:

  (a)   the Transfer of Prisoners Act 1983 , or a law of a State that, in an instrument published under section   5 of that Act, is declared to be a State transfer law of the State; or

  (b)   the Removal of Prisoners (Territories) Act 1923 ; or

  (c)   the Removal of Prisoners ( Australian Capital Territory ) Act 1968 of the Australian Capital Territory ; or

  (d)   the Family Law Act 1975 , or the regulations or Rules of Court made under that Act.

  (3)   This Act does not affect the operation of a law of a State so far as the law provides for service of a subpoena on a person:

  (a)   only after permission or leave has been given; or

  (b)   only if it is served not less than a specified number of days, being greater than 14 days, before the date for compliance with the subpoena.

  (3A)   This Act:

  (a)   does not affect the operation of the cross - border laws; and

  (b)   does not apply to a person in relation to a particular matter if the cross - border laws would, apart from this Act, apply to the person in relation to the matter.

  (4)   Subject to this Act, this Act applies to the exclusion of a law of a State (the relevant State ) with respect to:

  (a)   the service or execution in another State of process of the relevant State that is process to which this Act applies; or

  (b)   the service or execution in the relevant State of process of another State that is process to which this Act applies; or

  (c)   the service or execution in another State of judgments of a court of the relevant State that are judgments to which this Act applies; or

  (d)   the service or execution in the relevant State of judgments of a court of another State that are judgments to which this Act applies; or

  (e)   the service or execution in another State of judgments to which this Act applies that are orders of a tribunal of the relevant State; or

  (f)   the service or execution in the relevant State of judgments to which this Act applies that are orders of a tribunal of another State.