VICIn ForceAct
Criminal Procedure Act 2009
392Service on informant or DPP
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392 Service on informant or DPP
***informant*** includes an appellant, applicant or respondent who was the informant at first instance.
(2) If the person to be served is the informant, a document may be served—
(a) by giving a copy of the document to—
(i) the informant; or
(ii) a person representing the informant at a hearing in relation to the charge; or
(b) by sending a copy of the document by prepaid ordinary post addressed to the informant at the business address nominated by the informant under section 18; or
(c) by sending a copy of the document by fax or email addressed to the informant at the fax number or email address nominated by the informant under section 18; or
(d) by leaving a copy of the document for the informant at the informant's business address nominated under section 18 with a person who appears to work there; or
(e) in any other manner agreed between the informant and the party serving the document.
(3) If the person to be served is the DPP, a document may be served—
(a) by giving a copy of the document to a person representing the DPP at a hearing in relation to the charge; or
(b) by leaving a copy of the document at the Office of Public Prosecutions with a person who appears to work there; or
(c) by sending a copy of the document by prepaid ordinary post addressed to the Office of Public Prosecutions at the ordinary business address of the Office of Public Prosecutions; or
(d) by sending a copy of the document by prepaid ordinary post addressed to the DPP at the business address, if any, nominated by the DPP under section 172; or
S. 340(3)(da) inserted by No. 68/2009 s. 39(1), renumbered as s. 392(3)(da) by No. 68/2009 s. 52(d).
(da) if the DPP has facilities for the reception of documents in a document exchange, by delivering a copy of the document addressed to the DPP into those facilities; or
(e) by sending a copy of the document by fax or email addressed to the DPP at the fax number or email address, if any, nominated by the DPP under section 172; or
(f) in any other manner agreed between the DPP and the party serving the document.
S. 340(4) inserted by No. 68/2009 s. 39(2), renumbered as s. 392(4) by No. 68/2009 s. 52(d).
(4) If a document is delivered into the facilities of a document exchange in accordance with subsection (3)(da), the day of service of the document is taken to be—
1 The **Electronic Transactions (Victoria) Act 2000** applies to enable a document to be served electronically, including facsimile transmission and email, in accordance with that Act.
2 Section 172 provides that the DPP may nominate an address for service of documents.
S. 341 renumbered as s. 393 by No. 68/2009 s. 52(e).