391Personal service

391 Personal service (1) Unless this Act or any other Act or the rules of court otherwise provide, personal service of a document must be effected in accordance with subsection (2), (3) or (4). (2) Personal service of a document is effected by— (a) giving a copy of the document to the person to be served; or S. 339(2)(b) amended by No. 68/2009 s. 49(o), renumbered as s. 391(2)(b) by No. 68/2009 s. 52(c), amended by No. 11/2021 s. 49(1). (b) putting the copy down in the person's presence and telling the person the nature of the document; or (c) leaving a copy of the document for the person at the person's last known or usual place of residence with a person who appears to be of or over the age of 16 years. S. 391(2A) inserted by No. 11/2021 s. 49(2). (2A) For the purposes of subsection (2)(c), a person satisfies the requirement to leave a copy of a document with another person by putting a copy of the document down in the presence of the other person and telling the person the nature of the document. (3) If the person to be served is in detention or in immigration detention within the meaning of section 5 of the Migration Act 1958 of the Commonwealth, personal service of a document on the person may be effected by sending a copy of the document by registered post addressed to the person at the place of detention. See the definition of ***in detention*** in section 3. (4) If a legal practitioner has given written notice to the informant or the prosecution that the legal practitioner represents an accused and is instructed to accept personal service of documents on behalf of the accused, personal service of a document on the accused may be effected by— (a) giving a copy of the document to the legal practitioner; or (b) leaving a copy of the document at the ordinary place of business of the legal practitioner with a person who appears to work there; or S. 391(4)(c) amended by No. 30/2010 s. 71(1). (c) sending a copy of the document by registered post addressed to the legal practitioner at the ordinary business address of the legal practitioner; or S. 391(4)(ca) inserted by No. 11/2021 s. 49(3). (ca) delivering a copy of the document by means of fax or email to the legal practitioner of the person who— (i) has consented to receiving documents on the person's behalf by fax or email; and (ii) has provided a fax number or address or email address to the prosecution or informant in the matter in respect of which the legal practitioner is representing the person; or S. 391(4)(d) inserted by No. 30/2010 s. 71(2). (d) if the legal practitioner— (i) has facilities for the reception of documents in a document exchange; and (ii) consents to accepting personal service of documents by delivery to those facilities in the document exchange— by delivering a copy of the document addressed to the legal practitioner into those facilities. S. 391(5) inserted by No. 30/2010 s. 71(3). (5) If a document is delivered into the facilities of a document exchange in accordance with subsection (4)(d), the day of service of the document is taken to be— S. 340 renumbered as s. 392 by No. 68/2009 s. 52(d).