Western Australian Current Acts Western Australian Current Acts (1) A written notice
to an accused under section 31(2) —
(a)
shall be given to the accused personally; or
(b)
shall be sent to the accused by post to the accused’s address appearing
in the records of the court; or
(c)
shall be 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) The judicial
officer who under section 31(2)(a) notifies an accused of the time and place
for resumed proceedings shall cause to be endorsed on the accused’s bail
undertaking a certificate showing details of such time and place and that the
accused has been notified of them.
(5) In any proceedings
—
(a) a
document purporting to be a copy of a notice referred to in subsection (1)
shall be evidence of the terms of the notice; and
(b) an
endorsement —
(i)
on a copy of a notice referred to in subsection (2); or
(ii)
on a bail undertaking,
purporting to be a
certificate referred to in subsection (2) or (4) is evidence of the matters
appearing in it without proof of the signature of the person who made the
endorsement.
[Section 32 amended: No. 74 of 1984 s. 12; No. 84
of 2004 s. 82; No. 6 of 2008 s. 23(1)-(3); No. 20 of 2013 s. 27; No. 34 of
2020 s. 82.]