Western Australian Current Acts

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JURIES ACT 1957 - SECT 33

33 .         Service of summons

        (1)         A summons or notice required or authorised by or under this Act to be sent, served or given to any person by a summoning officer shall be deemed to have been duly sent, served or given —

            (a)         if delivered personally to that person, or if left —

                  (i)         at the address appearing in the jurors’ book in respect of that person; or

                  (ii)         if it is in the same jury district as that address, at an address recorded by the Electoral Commissioner in respect of that person;

                or

            (b)         if sent by prepaid post addressed to that person at an address referred to in paragraph (a).

        (2)         Service of a summons or notice in accordance with subsection (1)(a) shall be effected by a police officer or a sheriff’s officer who shall prepare and complete, in the manner required by subsection (3), a list (referred to in this section as a summons and notice list ) in the prescribed form.

        (3)         The officer who serves the summons or notice —

            (a)         shall insert in the respective columns of the summons and notice list the particulars indicated by the heading to each of those columns; and

            (b)         shall certify the summons and notice list in, or substantially in, the manner indicated in that form and shall sign and date the certificate; and

            (c)         shall then send or deliver the certified summons and notice list, together with any summonses or notices that he has not been able to serve, to the summoning officer.

        (4)         Production of a summons and notice list so certified, signed and dated, is prima facie evidence of the service of the summonses or notices stated to have been served, and of the other facts stated, in the summons and notice list.

        (5)         Service of a summons or notice in accordance with subsection (1)(b) shall be prima facie deemed to have been effected at the time when it would be delivered in the ordinary course of post.

        [Section 33 inserted: No. 6 of 1981 s. 22; amended: No. 12 of 2000 s. 7; No. 13 of 2011 s. 30.]



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