Australian Capital Territory
Australian Crime Commission (ACT)
Regulation 2004
SL2004-21
made under the
Australian Crime Commission (ACT) Act 2003
Republication No 2
Effective: 4 November 2004
Republication date: 4 November 2004
Regulation not amended
(republication includes editorial amendments
under Legislation Act)
Authorised by the ACT Parliamentary Counsel
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Australian Crime Commission (ACT) Regulation 2004, made
under the Australian Crime Commission (ACT) Act 2003 (including any amendment made
under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 4 November 2004.
It also includes any commencement, repeal or expiry affecting the republished law.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial amendments
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced
amendment, the symbol U appears immediately before the provision heading. The text of the
uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date
is—
(a) if the person charged is an individual—$100; or
(b) if the person charged is a corporation—$500.
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Australian Crime Commission (ACT) Regulation 2004
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at
Australian Capital Territory
Australian Crime Commission (ACT)
Regulation 2004
made under the
Australian Crime Commission (ACT) Act 2003
Contents
Page
1 Name of regulation 2
3 Notes 2
4 Service of summons on individuals—Act, s 26 (1) and (3) 2
5 Service of summons on corporations—Act, s 26 (1) and (3) 3
6 Approved forms 4
Endnotes
1 About the endnotes 5
2 Abbreviation key 5
3 Legislation history 6
4 Amendment history 6
Section 1 - Australian Crime Commission (ACT) Regulation 2004 - Australian Crime Commission (ACT) Regulation 2004 | Zoe
Contents
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5 Earlier republications 6
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Australian Capital Territory
Australian Crime Commission (ACT)
Regulation 2004
made under the
Australian Crime Commission (ACT) Act 2003
Section 1
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1 Name of regulation
This regulation is the Australian Crime Commission (ACT)
Regulation 2004.
3 Notes
A note included in this regulation is explanatory and is not part of
this regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
4 Service of summons on individuals—Act, s 26 (1) and (3)
(1) A summons may be served on an individual by—
(a) giving a copy of the summons to the individual; or
(b) if on the giving of the summons the individual refuses to
accept it—
(i) putting it down in the presence of the individual; or
(ii) leaving it at or on the place or premises where the
individual is.
(2) If service under subsection (1) is not practicable, a copy of the
summons may be served on an individual by—
(a) leaving it at the last-known or usual place of residence or
business of the individual with someone else who is, or is
reasonably believed to be—
(i) over 16 years old; and
(ii) living, or employed, at that place; or
(b) sending it by registered post or certified mail to the individual
at the last-known or usual place of residence or business, or
postal address, of the individual.
Section 5
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(3) A judge may direct that a summons may be served on an individual
by—
(a) leaving a copy of the summons with another individual
identified in the direction, who in the judge’s opinion is a
person likely to bring the contents of the summons to the
notice of the individual; or
(b) sending a copy of the summons by registered post or certified
mail to an address stated in the direction, that the judge has
reasonable grounds to believe to be the address of a place
frequented by the individual.
(4) However, a judge must not give a direction under subsection (3)
unless the judge is satisfied, based on information given in writing
by an examiner, that—
(a) service of the summons on the individual under subsection (1)
or (2) has not been, or is not likely to be, successful; and
(b) service of the summons in accordance with the direction is
likely to result in the summons coming to the notice of the
individual.
(5) In this section:
judge includes a judge of the Federal Court.
Note Judge is defined in the Legislation Act to mean a resident judge,
additional judge or acting judge under the Supreme Court Act 1933 (see
Legislation Act, dict, pt 1).
5 Service of summons on corporations—Act, s 26 (1)
and (3)
A summons may be served on a corporation by—
(a) giving a copy of the summons to a person, at the head office, a
registered office, a principal office or a principal place of
business of the corporation, who is, or is reasonably believed to
be—
Section 6
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(i) an officer of, or in the service of, the corporation; and
(ii) over 16 years old; or
(b) if the person refuses to accept a copy of the summons—leaving
it at or on the premises where the person is; or
(c) sending a copy of the summons by registered post or certified
mail, to the head office, a registered office, a principal office or
a principal place of business, or postal address, of the
corporation.
6 Approved forms
(1) The Minister may, in writing, approve forms for the Act.
Note For other provisions about forms, see the Legislation Act, s 255.
(2) If the Minister approves a form for a particular purpose, the
approved form must be used for that purpose.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and
the amendment history. These details are underlined. Uncommenced provisions
and amendments are not included in the republished law but are set out in the last
endnote.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
am = amended ord = ordinance
amdt = amendment orig = original
ch = chapter par = paragraph/subparagraph
def = definition pres = present
dict = dictionary prev = previous
disallowed = disallowed by the Legislative (prev...) = previously
Assembly pt = part
div = division r = rule/subrule
exp = expires/expired renum = renumbered
Gaz = gazette reloc = relocated
hdg = heading R[X] = Republication No
IA = Interpretation Act 1967 RI = reissue
ins = inserted/added s = section/subsection
LA = Legislation Act 2001 sch = schedule
LR = legislation register sdiv = subdivision
LRA = Legislation (Republication) Act 1996 sub = substituted
mod = modified/modification SL = Subordinate Law
o = order underlining = whole or part not commenced
om = omitted/repealed or to be expired