{"id":"summary-procedure-service-regulations-2017","name":"Summary Procedure (Service) Regulations 2017","slug":"summary-procedure-service-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237498,"registerId":"sa-summary-procedure-service-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Summary Procedure (Service) Regulations 2017","content":"South Australia\nSummary Procedure (Service) Regulations 2017\nunder the Criminal Procedure Act 1921\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tExceptions to certain electronic forms of service and to electronic service of certain material\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Summary Procedure (Service) Regulations 2017.\n2—Commencement\nThese regulations will come into operation on the day on which the Summary Procedure (Service) Amendment Act 2017 comes into operation.\n3—Interpretation\nIn these regulations—\nAct means the Summary Procedure Act 1921.\n4—Exceptions to certain electronic forms of service and to electronic service of certain material\n\t(1)\tFor the purposes of section 27 of the Act—\n\t(a)\ta summons, notice or other document cannot be issued, given or sent to, or served on, a person by means of transmitting a text message or multimedia message between 2 or more mobile phones, or between fixed or portable devices over a phone network; and\n\t(b)\ta summons, notice or other document cannot be issued, given or sent to, or served on, a person by email or some other electronic means if it includes any sensitive material within the meaning of section 67H of the Evidence Act 1929.\n\t(2)\tSubregulation (1)(b) does not apply if the sensitive material is issued, given or sent to, or served on, a person by a prosecuting authority in the exercise of its powers under Part 7 Division 10 of the Evidence Act 1929.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2017\n342\nGazette 19.12.2017 p5154 \n4.3.2018: r 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These regulations narrow the scope of electronic service permitted under section 27 of the Summary Procedure Act by (a) excluding SMS/MMS and similar phone-network messaging from permitted electronic service (reg 4(1)(a)) and (b) prohibiting email/other electronic service where material is \"sensitive\" under Evidence Act 1929 s67H, while preserving a prosecuting-authority exception when acting under Evidence Act Part 7 Division 10 (reg 4(1)(b), reg 4(2))."},"complexity_factors":["Narrow, specific scope (only service methods and sensitive-material exception) rather than broad reform (reg 4(1)).","Cross-references to other statutes and definitions: depends on section 27 of the Summary Procedure Act 1921 and the definition of \"sensitive material\" in Evidence Act 1929 s67H (reg 4(1)(b)).","Carves out an operational exception for prosecuting authorities tied to Evidence Act Part 7 Division 10, creating conditional discretion (reg 4(2)).","Technical ambiguity over the meaning of phrases like \"multimedia message\", \"other electronic means\" and how they apply in practice, which may require administrative guidance or judicial interpretation (reg 4(1)(a),(b)).","Commencement linked to separate amending Act, so timing and transitional arrangements depend on that Act coming into force (reg 2)."],"plain_english_summary":"These regulations narrow how documents can be served under the Summary Procedure Act 1921. They prohibit service by SMS/MMS or similar phone-to-phone messaging and bar email or other electronic service where the document contains “sensitive material” as defined in the Evidence Act 1929, but allow prosecuting authorities to send sensitive material electronically when using their powers under Evidence Act 1929 Part 7 Division 10. The people who serve documents must use alternative methods; prosecuting authorities keep a limited electronic option."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient information to assess whether the scope changed from original intent, as the full text of the regulations was not accessible. Based on the title alone, the regulations appear narrowly scoped to the mechanics of serving documents in summary proceedings, which is consistent with what such regulations typically address."},"complexity_factors":["Actual legislative text was not retrievable — analysis is based on title inference only","Procedural regulations of this type are generally straightforward and technical in nature","Service rules tend to be prescriptive rather than interpretively complex","Limited scope — likely confined to document delivery mechanics rather than substantive legal rights"],"plain_english_summary":"These regulations (linked to the Summary Procedure Act) likely prescribe the technical rules for serving legal documents in summary proceedings in South Australia — how, when and to whom court papers must be delivered. They matter to defendants and plaintiffs, lawyers, court staff and agencies running summary prosecutions because correct service affects notice, fairness and the validity of proceedings."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations appear tightly focused on their original purpose of regulating service methods in summary proceedings. The scope matches the enabling provision (section 27 of the Summary Procedure Act 1921) which deals with service of documents. The sensitive material exception in subregulation (2) is directly tied to the prosecutorial disclosure framework in the Evidence Act, suggesting integrated drafting rather than scope creep."},"complexity_factors":["Extremely short: only 4 regulations total","Only 1 defined term ('Act') in the interpretation section","Single operative provision (regulation 4) with straightforward prohibitions and one exception","Minimal cross-referencing: only references to section 27 of the Summary Procedure Act 1921, section 67H of the Evidence Act 1929, and Part 7 Division 10 of the Evidence Act 1929","Simple conditional structure: one exception in subregulation (2) that is clearly delineated","No nested exceptions or complex definitional chains"],"plain_english_summary":"These regulations set rules for how legal documents can be served (officially delivered) in South Australian summary criminal proceedings — that's the fast-track court process for less serious offences.\n\n**What it does:**\n- **Bans text message service**: You cannot serve court documents (like summonses or notices) by texting or sending multimedia messages to mobile phones.\n- **Restricts email for sensitive material**: You cannot serve documents by email or other electronic means if they contain \"sensitive material\" — this refers to things like child exploitation material or other graphic content defined in the Evidence Act 1929.\n- **Exception for prosecutors**: However, prosecuting authorities *can* serve sensitive material electronically when they're exercising specific powers under the Evidence Act to disclose such material to defendants.\n\n**Who it affects:**\n- People involved in summary criminal proceedings in South Australia (defendants, lawyers, police prosecutors, court staff)\n- Anyone who might otherwise expect to receive court documents by text or email\n\n**Why it matters:**\nThis creates important protections. Text messages are too informal and unreliable for official court documents. The sensitive material rule prevents traumatic content (like illegal images) from being casually emailed, while still allowing prosecutors to do their job when necessary. It balances modern efficiency with appropriate safeguards."}},"importantCases":[],"_links":{"self":"/api/acts/summary-procedure-service-regulations-2017","history":"/api/acts/summary-procedure-service-regulations-2017/history","analysis":"/api/acts/summary-procedure-service-regulations-2017/analysis","conflicts":"/api/acts/summary-procedure-service-regulations-2017/conflicts","importantCases":"/api/acts/summary-procedure-service-regulations-2017/important-cases","documents":"/api/acts/summary-procedure-service-regulations-2017/documents"}}