7Service of summons to appear before an examiner

#### 7 Service of summons to appear before an examiner (1) For the purposes of subsection 30(1) or (2) of the Act, each of the following manners of serving a summons is prescribed: (a) where the person named in the summons is a natural person: (i) tendering a copy of the summons to the person or, if on tender of the copy the person refuses to accept it, putting it down in the presence of the person or leaving it at or upon the place or premises where the person is; (ii) if service in the manner specified in subparagraph (i) is not practicable—leaving a copy of the summons at the last known or usual place of residence or business of the person with another person who is, or is reasonably believed to be, over the age of 16 years and is, or is reasonably believed to be, residing, or employed, at that place or sending a copy of the summons by registered post or certified mail to the person at the last known or usual place of residence or business of the person or at the last known or usual postal address of the person; (iii) if a Judge has, subject to subregulation (2), given a direction that the summons should be so served—leaving a copy of the summons with another person identified in the direction, being a person who, in the opinion of the Judge, is likely to bring the contents of the summons to the notice of the person, or sending it by registered post or certified mail to an address specified in the direction, being the address of a place that the Judge has reasonable grounds to believe to be a place frequented by the person; (b) where the person named in the summons is a body corporate: (i) tendering a copy of the summons to a person who is, or is reasonably believed to be, an officer of, or in the service of, the body corporate and is, or is reasonably believed to be, above the age of 16 years at the head office, a registered office, a principal office or a principal place of business of the body corporate or, if on tender of the copy the person refuses to accept it, leaving it at or upon the premises; (ii) 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 of the body corporate or at a postal address of the body corporate. (2) A Judge shall not give a direction referred to in subparagraph (1)(a)(iii) in relation to the service of a summons on a person unless the Judge is satisfied upon information furnished in writing by an examiner, that: (a) service of the summons on the person in a manner specified in subparagraph (1)(a)(i) or (ii) has not been, or is not likely to be, successful; and (b) there is a likelihood that service of the summons in a manner specified in paragraph (1)(a)(iii) would result in the summons coming to the notice of the person. (3) In this regulation, Judge means: (a) a Judge of the Federal Court; or (b) a Judge of a court of a State or Territory.