sec.789EServing documents by electronic communication

### sec.789E Serving documents by electronic communication A police officer may serve a prescribed document on a person by electronic communication sent to a unique electronic address of the person if— the police officer reasonably believes, having regard to the circumstances— the electronic communication will be received by the person within a reasonable time; and the electronic communication would be readily accessible by the person so as to make the document useable by subsequent reference; and it is appropriate to do so in the circumstances given the purpose and effect of the document; and the police officer has made a reasonable effort to ensure the person understands the purpose and effect of the document; and the person has given consent under this part for service of the document by electronic communication; and the person’s consent has not ceased to have effect under section 789J ; and the person has nominated the person’s unique electronic address for service by electronic communication. Also, the police officer may serve a related document on the person by electronic communication sent to the person’s nominated unique electronic address if the person’s consent has not ceased to have effect under section 789J . However, the police officer must not serve the prescribed document or related document on a person under this section if the police officer reasonably suspects the person is— a child under 16 years; or a person with impaired capacity. This section does not prevent a police officer from— personally serving the prescribed document or related document on the person; or serving the prescribed document or related document on a lawyer acting for the person in a proceeding. s 789E ins 2024 No. 45 s 85 (sec.789E-ssec.1) A police officer may serve a prescribed document on a person by electronic communication sent to a unique electronic address of the person if— the police officer reasonably believes, having regard to the circumstances— the electronic communication will be received by the person within a reasonable time; and the electronic communication would be readily accessible by the person so as to make the document useable by subsequent reference; and it is appropriate to do so in the circumstances given the purpose and effect of the document; and the police officer has made a reasonable effort to ensure the person understands the purpose and effect of the document; and the person has given consent under this part for service of the document by electronic communication; and the person’s consent has not ceased to have effect under section 789J ; and the person has nominated the person’s unique electronic address for service by electronic communication. (sec.789E-ssec.2) Also, the police officer may serve a related document on the person by electronic communication sent to the person’s nominated unique electronic address if the person’s consent has not ceased to have effect under section 789J . (sec.789E-ssec.3) However, the police officer must not serve the prescribed document or related document on a person under this section if the police officer reasonably suspects the person is— a child under 16 years; or a person with impaired capacity. (sec.789E-ssec.4) This section does not prevent a police officer from— personally serving the prescribed document or related document on the person; or serving the prescribed document or related document on a lawyer acting for the person in a proceeding. - (a) the police officer reasonably believes, having regard to the circumstances— (i) the electronic communication will be received by the person within a reasonable time; and (ii) the electronic communication would be readily accessible by the person so as to make the document useable by subsequent reference; and (iii) it is appropriate to do so in the circumstances given the purpose and effect of the document; and - (i) the electronic communication will be received by the person within a reasonable time; and - (ii) the electronic communication would be readily accessible by the person so as to make the document useable by subsequent reference; and - (iii) it is appropriate to do so in the circumstances given the purpose and effect of the document; and - (b) the police officer has made a reasonable effort to ensure the person understands the purpose and effect of the document; and - (c) the person has given consent under this part for service of the document by electronic communication; and - (d) the person’s consent has not ceased to have effect under section 789J ; and - (e) the person has nominated the person’s unique electronic address for service by electronic communication. - (i) the electronic communication will be received by the person within a reasonable time; and - (ii) the electronic communication would be readily accessible by the person so as to make the document useable by subsequent reference; and - (iii) it is appropriate to do so in the circumstances given the purpose and effect of the document; and - (a) a child under 16 years; or - (b) a person with impaired capacity. - (a) personally serving the prescribed document or related document on the person; or - (b) serving the prescribed document or related document on a lawyer acting for the person in a proceeding.