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CRIMINAL PROCEDURE ACT 2009 - SECT 392

Service on informant or DPP

    (1)     In this section—

"informant" includes an appellant, applicant or respondent who was the informant at first instance.

    (2)     If the person to be served is the informant, a document may be served—

        (a)     by giving a copy of the document to—

              (i)     the informant; or

              (ii)     a person representing the informant at a hearing in relation to the charge; or

        (b)     by sending a copy of the document by prepaid ordinary post addressed to the informant at the business address nominated by the informant under section 18; or

        (c)     by sending a copy of the document by fax or email addressed to the informant at the fax number or email address nominated by the informant under section 18; or

        (d)     by leaving a copy of the document for the informant at the informant's business address nominated under section 18 with a person who appears to work there; or

        (e)     in any other manner agreed between the informant and the party serving the document.

    (3)     If the person to be served is the DPP, a document may be served—

        (a)     by giving a copy of the document to a person representing the DPP at a hearing in relation to the charge; or

        (b)     by leaving a copy of the document at the Office of Public Prosecutions with a person who appears to work there; or

        (c)     by sending a copy of the document by prepaid ordinary post addressed to the Office of Public Prosecutions at the ordinary business address of the Office of Public Prosecutions; or

        (d)     by sending a copy of the document by prepaid ordinary post addressed to the DPP at the business address, if any, nominated by the DPP under section 172; or

S. 340(3)(da) inserted by No. 68/2009 s. 39(1), renumbered as s. 392(3)(da) by No. 68/2009 s. 52(d).

        (da)     if the DPP has facilities for the reception of documents in a document exchange, by delivering a copy of the document addressed to the DPP into those facilities; or

        (e)     by sending a copy of the document by fax or email addressed to the DPP at the fax number or email address, if any, nominated by the DPP under section 172; or

        (f)     in any other manner agreed between the DPP and the party serving the document.

S. 340(4) inserted by No. 68/2009 s. 39(2), renumbered as s. 392(4) by No. 68/2009 s. 52(d).

    (4)     If a document is delivered into the facilities of a document exchange in accordance with subsection (3)(da), the day of service of the document is taken to be—

        (a)     the day following the day on which it is so delivered; or

        (b)     if the document is delivered on a Friday, the following Monday—

or on any other day that may be proved.

Notes

1     The Electronic Transactions (Victoria) Act 2000 applies to enable a document to be served electronically, including facsimile transmission and email, in accordance with that Act.

2     Section 172 provides that the DPP may nominate an address for service of documents.

S. 341 renumbered as s. 393 by No. 68/2009 s. 52(e).



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