Western Australian Current Acts

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BAIL ACT 1982 - SECT 13B

13B .         Notices under s. 13A(3), service and proof of

        (1)         A written notice to an accused under section 13A(3) shall be —

            (a)         given to the accused personally; or

            (b)         sent to the accused by post to the accused’s address appearing in the records of the court; or

            (c)         provided to the accused by electronic means in accordance with the regulations.

        (2)         A person who gives, sends or provides a notice in accordance with subsection (1) shall endorse on a file copy of the notice a certificate showing —

            (a)         that the person has done so; and

            (b)         the time of doing so.

        (3)         If a notice is sent by post under subsection (1)(b), the notice is to be presumed, unless the contrary is shown, to have been received at the time when, in the ordinary course of events, it would have been delivered.

        (4)         In any proceedings —

            (a)         a document purporting to be a copy of a notice referred to in subsection (1) is evidence of the terms of the notice; and

            (b)         an endorsement on a copy of a notice referred to in subsection (2) purporting to be a certificate referred to in that subsection is evidence of the matters appearing in the certificate without proof of the signature of the person who made the endorsement.

        [Section 13B inserted: No. 6 of 2008 s. 14; amended: No. 20 of 2013 s. 25; No. 34 of 2020 s. 82.]

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