56Service of witness summons

56 Service of witness summons

(1) Subject to subsection (2), a witness summons must be served at a reasonable time, being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the witness summons.

S. 56(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.100).

(2) Integrity Oversight Victoria may issue a witness summons requiring immediate attendance by a person before Integrity Oversight Victoria if Integrity Oversight Victoria considers on reasonable grounds that a delay in the person's attendance is likely to result in—

(a) evidence being lost or destroyed; or

(b) the commission of an offence; or

(c) the escape of the person who is summoned; or

(d) serious prejudice to the conduct of the investigation to which the witness summons relates.

S. 56(3) amended by No. 11/2021 s. 178(1)(a).

(3) A witness summons directed to a natural person must be served by serving a copy of the witness summons on the person personally or in accordance with subsection (3A).

S. 56(3A) inserted by No. 11/2021 s. 178(2).

(3A) A document that must be served personally on a person may be served on a natural person by—

(a) sending by registered post a copy of the document addressed to that person at the person's last known place of residence or business; or

(b) delivering a copy of the document to the person by means of electronic communication that is confirmed as having been received by the person; or

(c) sending by registered post a copy of the document, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or

(d) leaving a copy of the document for that person—

(i) at the place of business of the person's authorised legal representative; and

(ii) with a person who apparently works there and who is apparently not less than 16 years of age; or

(e) leaving it at that person's usual or last known place of residence with a person on the premises who is apparently not less than 16 years of age; or

(f) leaving it at that person's usual or last known place of business with a person who is apparently employed at the premises and who is apparently not less than 16 years of age; or

(g) delivering a copy of the document, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or

(h) delivering a copy of the document to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative.