69Substituted service

69 Substituted service (1) If the Director is satisfied that it is impracticable to serve an examination summons personally on a person to be examined, the Director may make an order for substituted service. (2) In deciding whether to make an order for substituted service the Director must have regard to the following matters: (a) whether attempts have been made to effect personal service and why the attempts were unsuccessful (in particular whether the person to be examined appears to be avoiding service); (b) the reasons why personal service is considered impracticable; (c) the nature of substituted service proposed; (d) the reasons why the proposed method of substituted service is likely to be successful; (e) whether substituted service (and in particular the method of service proposed) is appropriate in the circumstances. (3) If attempts at personal service have been made, an affidavit is to be made by the person who attempted service and the Director must take into account any matters deposed to in the affidavit. Fines and Penalties (Recovery) Act 2001 44 (4) If the Director makes an order for substituted service, service may be effected in the manner ordered and is to be taken to be effective service for the purposes of this Division.