South Australian Current Acts South Australian Current Acts (1) Subject to this
Act or any other Act, and the regulations or the rules, a summons, notice or
other document required or authorised to be issued, given or sent to, or
served on, a person under this Act may—
(a) be
given personally to the person; or
(b) be
left for the person at the person's last known residential, business or (in
the case of a body corporate) registered address with someone apparently over
the age of 16 years; or
(c) be
posted in an envelope addressed to the person at the person's last known
residential, business or (in the case of a body corporate) registered address
(in which case the summons, notice or other document will be taken to have
been served at the time when it would, in the ordinary course of post, have
reached the address to which it was posted); or
(d) for
the purpose of particular proceedings—be transmitted by fax or email to
a fax number or email address provided by the person or a legal practitioner
representing the person (in which case the summons, notice or other document
will be taken to have been given or served at the time of transmission); or
(e) for
the purpose of particular proceedings—be made available to the person by
some other electronic means, including (for example)—
(i)
by transmission to an Internet address provided by the
person or a legal practitioner representing the person (in which case the
summons, notice or other document will be taken to have been given or served
at the time of transmission); or
(ii)
by means of providing (by means of an email transmitted
to an email address provided by the person or a legal practitioner
representing the person) a link to an Internet address from which the person
or legal practitioner may access or download the summons, notice or other
document (in which case the summons, notice or other document will be taken to
have been given or served at the time of transmission of the email); or
(iii)
by means of a data storage device from which the summons,
notice or other document can be accessed or downloaded—
(A) being given personally to the person or
a legal practitioner representing the person (in which case the summons,
notice or other document will be taken to have been given or served at the
time the data storage device is given to the person or legal practitioner, as
the case may be); or
(B) being left for the person or a legal
practitioner representing the person—
• at the
person's last known residential, business or (in the case of a body corporate)
registered address with someone apparently over the age of 16 years; or
• at the last
known business address of the legal practitioner representing the person with
someone apparently over the age of 16 years,
(in which case the summons, notice or other document will be taken to have
been given or served at the time the data storage device is so left); or
(C) being sent by registered post in an
envelope—
• addressed to
the person at the person's last known residential, business or (in the case of
a body corporate) registered address; or
• addressed to a
legal practitioner representing the person at the legal practitioner's
business address,
(in which case the summons, notice or other document will be taken to have
been given or served at the time when proof of receipt is given on delivery of
the envelope to the address to which it was posted).
(2) A summons, notice
or other document required or authorised to be given or sent to, or served on,
a person under this Act may only be given or sent to, or served on, the person
by means referred to in subsection (1)(d) or (e) if, before so doing, it
has been ascertained that the person or legal practitioner will be readily
able to access or download and (if required) print, the summons, notice or
other document.
(3) Without limiting
the generality of paragraph (e) of subsection (1), the regulations
or the rules may prescribe electronic means of service other than those
referred to in that paragraph for the purposes of this Act.
(4) Without limiting
the effect of the preceding subsections, a summons, notice or other document
required or authorised to be given or sent to, or served on, a person by this
Act may, if the person is a company or registered body within the meaning of
the Corporations Act 2001 of the Commonwealth, be served on the person in
accordance with that Act.
(5) If a summons,
notice or other document is given or sent to, or served, otherwise than by
being given personally to the person to whom it is to be given or sent, or on
whom it is to be served, the Magistrates Court may require the summons, notice
or other document to again be given or sent to, or re-served on, the person if
there is reasonable cause to believe that the summons, notice or other
document has not come to the notice of the person.