Criminal Assets Recovery Regulation 2023
13Form of service—the Act, s 65
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13 Form of service—the Act, s 65
13 Form of service—the Act, s 65
(1) For the Act, section 65(1), the following must be served personally in accordance with the Uniform Civil Procedure Rules 2005, Part 10, Division 3—
(a) an originating document,
(b) a minute of an order,
(c) a notice to the Commission.
(2) The following forms of service by the Commission are authorised for service on a relevant person, subject to orders of the Supreme Court, if the Commission is satisfied reasonable efforts to effect personal service have been or would be unsuccessful—
(a) in accordance with the Uniform Civil Procedure Rules 2005, Part 10 relating to service of a document if personal service is not required,
(b) by publication of a notice relating to the application or order in—
(i) a Sydney daily newspaper, and
(ii) if the last known residential address of the person to be served is more than 50km from the General Post Office, Sydney, in a local newspaper circulating in the district concerned,
(c) in another way authorised by the Supreme Court.
(3) A notice published under subsection (2)(b) must set out—
(a) the terms of the order sought by the application or the terms of the order made by the Supreme Court, and
(b) the date on which the application or order was made.
(4) The following forms of service are authorised for service on the Commission, subject to orders of the Supreme Court—
(a) by leaving the originating document or the minute of the order at the Head Office in Sydney of the Commission with a person who is apparently a staff member,
(b) by sending the originating document or the minute of the order, addressed to the Commission, by registered post to the Head Office in Sydney of the Commission,
(c) in another way authorised by the Supreme Court.