South Australian Current Acts

CRIMINAL PROCEDURE ACT 1921 - SECT 99E

99E—Service

        (1)         Subject to the making of an order under subsection (5), a restraining order must be served on the defendant in accordance with this section and is not binding on the defendant until it has been so served.

        (2)         If a restraining order is confirmed in an amended form or is varied before being confirmed, or at any other time, subject to the making of an order under subsection (5) or a declaration under subsection (6)—

            (a)         the order in its amended or varied form must be served on the defendant in accordance with this section; 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)         For the purposes of this section, a restraining order, or a restraining order in its amended or varied form, is served on the defendant if—

            (a)         the order is served personally on the defendant; or

            (b)         the order is served on the defendant in some other manner authorised by the Magistrates Court; or

            (c)         the defendant is present in the Court when the order is made, amended or varied (as the case requires).

        (4)         If a police officer has reason to believe that a person is subject to a restraining 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 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).

        (5)         If a police officer satisfies the Court that all reasonable efforts have been made to effect personal service of an order on a defendant but that those efforts have failed, the Court may make an order authorising service in such other manner as the Court thinks fit and specifies in the order (and, in such a case, the restraining order will not be binding on the defendant until it has been served in accordance with that order).

        (6)         If the Court is satisfied that the order in its amended or varied form is more favourable to the defendant, the 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 Court specifies.