18AService of witness summons

18A Service of witness summons

(1) Subject to subsection (1A), 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. 18A(1A) inserted by No. 11/2021 s. 159(2).

(1A) The Ombudsman may issue a witness summons requiring immediate attendance by a person before the Ombudsman if the Ombudsman 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. 18A(2) substituted by No. 11/2021 s. 159(3).

(2) A witness summons directed to a natural person must be served by—

(a) serving a copy of the summons on the person personally; or

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

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

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

(e) leaving a copy of the summons 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 18 years of age; or

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

(g) delivering a copy of the summons 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.

S. 18A(3) substituted by No. 11/2021 s. 159(3).

(3) A witness summons directed to a body corporate must be served by—

(a) leaving a copy of the document at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age; or

(b) sending by registered post a copy of the document addressed to that body corporate at the registered office or principal place of business of the body corporate; or