6Service of summons

6 Service of summons

(1) A summons that is required by subsection 87(5) or 138(2) of the Act to be served on a person shall be served: (a) by delivering the original summons or a copy of the original summons to the person personally; or (b) by prepaying and posting the summons as a letter addressed to the 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 the person with some person apparently a resident of 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 the person or, if the person is carrying on business at 2 or more places, at 1 of those places with a person apparently in the service of the person and apparently not less than 16 years of age; or (e) if the person (other than the accused) 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 a person other than a defence member is required to appear under a summons, the summoner must, at a reasonable time before the person is required to appear: (a) pay the person’s travel expenses; or (b) arrange with the person to pay the person’s travel expenses; or (c) arrange the person’s travel, and advise the person of the arrangements.

Note: See also rule 19 (Expenses for witnesses).

(5) In this rule:

summoner means the person at whose request the summons was issued.

travel expenses means a reasonable amount to enable the person to travel between:

(a) the place where the person lives or works, whichever is appropriate in the circumstances; and
(b) the place where the person is required to appear under the summons.