South Australian Current Acts

CRIMINAL PROCEDURE ACT 1921 - SECT 81

81—Service

        (1)         Subject to the making of an order under subsection (4), a non-association order or place restriction order must be served on the defendant personally and is not binding on the defendant until it has been so served.

        (2)         If a non-association order or place restriction order is confirmed in an amended form or is varied before being confirmed or at any other time, subject to the making of a declaration under subsection (4) or subsection (5)—

            (a)         the order in its amended or varied form must be served on the defendant personally; and

            (b)         until so served—

                  (i)         the amendment or variation is not binding on the defendant; but

                  (ii)         the order as in force prior to the amendment or variation continues to be binding on the defendant.

        (3)         If a police officer has reason to believe that a person is subject to a non-association order or place restriction order that has not been served on the person, the officer may—

            (a)         require the person to remain at a particular place for—

                  (i)         so long as may be necessary for the order, and, if the order is subject to confirmation, the summons to appear before the Magistrates Court to show cause why the order should not be confirmed, to be served on the person; or

                  (ii)         2 hours,

whichever is the lesser; and

            (b)         if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (a).

        (4)         If a police officer satisfies the Magistrates Court that all reasonable efforts have been made to effect personal service of an order on a defendant in accordance with this section but that those efforts have failed, the Magistrates Court may declare that subsection (2)(a) does not apply and may make such orders as it thinks fit in relation to substituted service (and in such a case, the non-association order or place restriction order will not be binding on the defendant until it has been served in accordance with the orders for substituted service).

        (5)         If the Magistrates Court is satisfied that the order in its amended or varied form is more favourable to the defendant, the Magistrates Court may declare that subsection (2)(b) does not apply and that the amendment or variation is to be binding on the defendant as from the day of the declaration or such other day as the Magistrates Court specifies.