28Proof by affidavit of service of process, handwriting etc.

28 Proof by affidavit of service of process, handwriting etc. (1) In proceedings before the Court, without prejudice to any other mode of proof: (a) the service on any person of any summons, notice, process, or document required or authorised to be served; or (b) the handwriting of any person on any warrant, summons, notice, process, or document; may be proved by an affidavit: Provided that the Court may require the person making the affidavit to be called as a witness, or may require further evidence of the facts.

Local Court (Criminal Procedure) Act 1928 8 (3) If any affidavit made under this section is untrue in any material particular, the person wilfully making the false affidavit shall be guilty of wilful and corrupt perjury, and shall be punishable accordingly. (4) Service of a summons issued under section 57(2) may, without prejudice to any other mode of proof, be proved by a receipt for registered post service issued under the Australian Postal Corporation Act 1989 of the Commonwealth and bearing the serial number referred to in evidence as the number relating to the summons sent by that registered post service and by a written receipt under those Regulations purporting to be duly completed and acknowledging receipt of that registered post service article. (5) The receipt and returned receipt of registered post service are admissible at the hearing of the summons as prima facie evidence that the summons was received by the address of the article and of the matters set out in them.