ACTIn ForceAct
Magistrates Court Act 1930
116BService of summons for prescribed offence
Start here
Get a plain-English read of 116B
Turn the raw legal text into a practical explanation grounded in Magistrates Court Act 1930.
116B Service of summons for prescribed offence
(1) A summons for a person in relation to a prescribed offence may be
served on the person—
(a) by giving 2 copies of the summons to the person; or
(b) by sending 2 copies of the summons by prepaid post, addressed
to the person, at the person’s last-known home or business
address; or
(c) by leaving 2 copies of the summons at the person’s last-known
home or business address with someone who appears to be at
least 16 years old and to live or be employed at the address.
(2) One copy of a summons in relation to a prescribed offence served in
accordance with this section must have the notice to defendant form
printed on the back of it, and the other copy of that summons so
served must have the notice of intention to defend form and the plea
of guilty form printed on the back of it.
(3) Service of a summons on a person in relation to a prescribed offence
in a way mentioned in subsection (1) (a) or (c) must be made not less
than 14 days before the day the person is required by the summons to
appear before the court.
(4) If a summons in relation to a prescribed offence is served in
accordance with this section in the way mentioned in
subsection (1) (b), the 2 copies of the summons must be sent by post
not less than 21 days before the day when the person to whom it is
directed is required by the summons to appear before the court.
116BA Giving of notice by registrar
If the registrar is required to give notice to a person under this part,
the notice may be given by sending the notice by prepaid post,
addressed to the person, at the person’s last-known home or business
address.