19Service of summons

19 Service of summons

(1) For the purposes of sections 171 and 174 of the Act, the way of service of a summons set out in this section is prescribed. (2) A summons may be served on a person: (a) by personal service in accordance with subsection (3), (4), (5) or (6), as the case requires; or (b) by post in accordance with subsection (7). Serving summons by personal service (3) A summons may be served on an individual by handing a copy of the summons to the individual, or by putting the summons down in the individual’s presence, and telling the individual of its general nature. (4) If a person has given an address for the service of summons that includes a physical address, a summons may be served on the person by handing a copy of the summons to any person at that physical address who apparently: (a) lives or works there; and (b) is at least 16 years of age. (5) If an individual has not given a physical address for the service of summons, a summons may be served on the individual at the individual’s residential or business address last known to the person serving the summons by handing a copy of the summons to a person who apparently: (a) lives or works there; and (b) is at least 16 years of age. (6) If a corporation has not given a physical address for service of summons, a summons may be served on the corporation at its registered office by handing a copy of the summons to a person who apparently: (a) lives or works there; and (b) is at least 16 years of age. Serving summons by post (7) A summons may be served on a person by post as a letter addressed to the person: (a) if the person has given an address for the service of summons—at the physical or postal address so given; or (b) if the person has not given an address for the service of summons: (i) in the case of an individual—at the individual’s residential or business address last known to the person serving the summons; or (ii) in the case of a corporation—at its registered office. (8) If a summons is served by post in accordance with subsection (7), the summons is taken to be served on the day on which it is posted. When a person lodges an address for the service of a summons (9) For the purposes of this section, a person lodges an address for the service of summons if: (a) the person includes a physical or postal address (or both) for the service of summons in a right to negotiate application (see paragraph 7(f)); or (b) the person gives a physical or postal address (or both) for the service of summons to the Registrar in accordance with section 18.