South Australian Current Acts

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SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 39T

39T—General provisions on service of applications, orders and other documents

        (1)         If a police officer has reasonable cause to suspect that a person is someone on whom an application, order or other document is required to be served by personal service under this Act, the officer may—

            (a)         require the person to state all or any of the person's personal details; and

            (b)         require the person to remain at a particular place for—

                  (i)         so long as may be necessary for the order to be served on the person; or

                  (ii)         2 hours,

whichever is the lesser; and

            (c)         if the person refuses or fails to comply with a requirement under a preceding paragraph, or the officer has reasonable cause to suspect that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (b).

        (2)         If a person has been required to remain at a particular place in accordance with subsection (1)(b), personal service of a photocopy, faxed copy or printed electronic copy of the application, order or other document will be taken to be personal service of the application, order or other document on the person.

        (3)         If the person serving an application, order or other document which is required, under this Act, to be served on a person by personal service—

            (a)         has reasonable cause to believe that the person is present at any premises; but

            (b)         is unable to gain access to the person at the premises for the purpose of effecting personal service,

the application, order or other document may be served on the person by—

            (c)         leaving it for the person at the premises with someone apparently over the age of 16 years; or

            (d)         if the person serving the order is unable to gain access to such a person at the premises—affixing it to the premises at a prominent place at or near to the entrance to the premises.

        (4)         A court dealing with any proceedings under this Act may make such orders as to service of an application, order or other document relating to the proceedings as it thinks fit.



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