18Substituted service

18 Substituted service

18 Substituted service

(1) This section applies if, after reasonable attempts have been made to serve a copy of a dedicated encrypted criminal communication device prohibition order personally on the subject of the order, the Commissioner of Police is satisfied it cannot practicably be served on the subject.

(2) A police officer may apply to an authorised judge for approval to serve the dedicated encrypted criminal communication device prohibition order in another way.

(3) The authorised judge may, by order, direct that a copy of the dedicated encrypted criminal communication device prohibition order be served in another way specified in the judge’s order.

Example of other ways of serving dedicated encrypted criminal communication device prohibition order—

by email or other electronic communication

(4) The authorised judge may make an order under subsection (3) only if the judge is satisfied—

(a) reasonable attempts have been made to serve the copy of the order personally on the subject of the order, and

(b) an alternative way of service is likely to enable the notice of the making of the order and details of the order to be communicated to the subject, and

(c) it is appropriate for the purposes of the order for service of the copy of the order to occur in another way.

(5) An order made under subsection (3) may be subject to any conditions the authorised judge considers appropriate.

s 18: Am 2025 No 61, Sch 2.34[2].