Australian Crime Commission (Western Australia) Regulations 2005

CrestWestern Australia

Australian Crime Commission (Western Australia) Act 2004

Australian Crime Commission (Western Australia) Regulations 2005

Western Australia

Australian Crime Commission (Western Australia) Regulations 2005

Contents

1. Citation 1

2. Service of summons to appear before an examiner 1

3. Warrant for arrest of witness 2

4. Search warrant 3

5. National Crime Authority (State Provisions) Regulations 1989 repealed 3

Notes

Compilation table 4

Defined terms

Western Australia

Australian Crime Commission (Western Australia) Act 2004

Australian Crime Commission (Western Australia) Regulations 2005

1. Citation

These regulations are the Australian Crime Commission (Western Australia) Regulations 2005.

[2. Deleted: Gazette 24 Mar 2006 p. 1103.]

3. Service of summons to appear before an examiner

(1) This regulation prescribes the manners in which a summons may be served on a person (the witness) for the purposes of section 23(1) and (2) of the Act.

(2) Service may be effected by —

(a) tendering a copy of the summons to the witness; or

(b) if on tender of the copy the witness refuses to accept it, putting it down in the presence of the witness or leaving it at or upon the place or premises where the witness is.

(3) If service in the manner specified in subregulation (2) is not practicable, service may be effected by —

(a) leaving a copy of the summons at the last known or usual place of residence or business of the witness with another person who is, or is reasonably believed to be —

(i) over 16 years of age; and

(ii) residing or employed at that place;

or

(b) sending a copy of the summons by registered post to the witness at his or her last known or usual postal address.

(4) If a Judge has, subject to subregulation (5), given a direction that the summons should be so served, service may be effected by —

(a) 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 witness; or

(b) sending a copy of the summons by registered post 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 witness.

(5) A Judge must not give a direction referred to in subregulation (4) unless the Judge is satisfied upon information furnished in writing by an examiner that —

(a) service of the summons on the witness in a manner specified in subregulation (2) or (3) 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 subregulation (4) would result in the summons coming to the notice of the witness.

(6) In this regulation Judge means —

(a) a Judge of the Federal Court; or

(b) a Judge of a court of the State.

4. Warrant for arrest of witness

A warrant issued under section 24(1) of the Act for the apprehension of a person must be substantially in accordance with that prescribed for use under section 31 of the ACC Act.

5. Search warrant

A warrant issued by an issuing officer under section 29 of the Act must be substantially in accordance that prescribed for use under section 22 of the ACC Act.

6. National Crime Authority (State Provisions) Regulations 1989 repealed

The National Crime Authority (State Provisions) Regulations 1989 are repealed.

Notes

1 This is a compilation of the Australian Crime Commission (Western Australia) Regulations 2005 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

2 The commencement date of 1 Oct 2005 that was specified was before the date of gazettal.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Judge 3(6)

witness 3(1)