South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 28

28—Proof by affidavit of service etc

        (1)         In any proceeding, without prejudice to any other mode of proof—

            (a)         the service on any person of any summons, notice, process, or document required or authorised to be served; or

            (b)         the handwriting of any officer or person on any warrant, summons, notice, process, or document; or

            (c)         the payment or tender, to any person summoned to attend as a witness, of any sum in respect of the costs or expenses of such attendance,

may be proved by an affidavit taken before a justice or before a commissioner for taking affidavits in the Supreme Court: Provided that the Magistrates Court may require the person making such affidavit to be called as a witness, or require further evidence of the facts.

        (2)         Service may also be proved by tender of a certificate of service signed by the person who effected service.

        (3)         A document appearing to be an affidavit or certificate under this section may be accepted, without further evidence, as proof of the matters stated in it.

        (4)         A person who gives a false certificate under this section is guilty of an offence.

Maximum penalty: Imprisonment for two years.



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