Western Australian Current Acts

CRIMINAL PROCEDURE ACT 2004 - SECT 175

175 .         Service and proof of service

        (1)         Schedule 2 has effect for the purposes of this Act.

        (2)         A signed service certificate that contains service information recorded in accordance with Schedule 2 may be tendered in evidence without calling the person who signed the certificate.

        (3)         When a service certificate is tendered under subsection (2), it is to be presumed, unless the contrary is proved —

            (a)         that the signature is that of the person who made the certificate; and

            (b)         that the information in the certificate is true.

        (4)         This Act does not prevent a person on whom a document or other thing is required to be served from consenting to being served by some means not in accordance with this Act including by serving it on the person’s legal practitioner.

        (5)         A person who is served with a document or other thing in a way that is not in accordance with this Act but to which the person has consented is to be taken to have been served in accordance with this Act.

        [Section 175 amended: No. 21 of 2008 s. 657(11).]