20Service of summons to witness

20 Service of summons to witness

(1) A summons that is required by subsection 138 (2) of the Act to be served on a person other than the accused person must be served:

(a) by personally delivering the summons to that person; or

(b) by prepaying and posting the summons as a letter addressed to that person at the person’s last‑known place of residence or business, or, if the person is carrying on business at 2 or more places, at 1 of those places; or

(c) by leaving the summons at the last‑known place of residence of that person with some person apparently resident at that place and apparently not less than 16 years of age; or

(d) by leaving the summons at the last‑known place of business of that person, or, if the person is carrying on business at 2 or more places, at 1 of those places with some person apparently in the service of the person and apparently not less than 16 years of age; or

(e) if the person consents — by fax or email.

(2) A summons served by fax under paragraph (1) (e) is taken to have been effected on completion of the transmission.

(3) A summons served by email under paragraph (1) (e) is taken to have been effected at the time of receipt of the email.

(4) If service is effected under paragraph (1) (e), the person effecting the service must retain a paper copy of the receipt or delivery notice of the fax or email.

(5) If, under this rule, service is effected on a corporation, the corporation may comply with the summons by authorising and ensuring attendance by its appropriate or proper officer.

(6) A summons mentioned in subrule (1) may be served on a person who is not a member of the Defence Force.