79Order for substituted service

79 Order for substituted service (1) If it is not reasonably practicable for a document to be served under section 77, the Commissioner may apply for an order for substituted service to: (a) for a control order or a document relating to a control order – the Supreme Court; or (b) for a public safety order, fortification removal order or a document relating to a public safety order or fortification removal order – the Local Court.

Part 7 Miscellaneous Serious Crime Control Act 2009 49 (2) If the court is satisfied the Commissioner has taken all reasonable steps possible to serve the document under section 77 on the person on whom it must be served, the court may, by order, direct that: (a) service of the document be postponed for a period specified by the court; or (b) instead of service under section 77, steps, as specified by the court in the order, are to be taken to bring the document to the attention of the person. (3) An order of the court under subsection (2) may direct that the document is taken to have been served on the person on whom it must be served on the happening of a specified event or on the expiry of a specified time. (4) If the court is satisfied that steps specified in an order under subsection (2)(b) have not (despite the best endeavours of the Commissioner) brought a document to the attention of the person on whom it must be served, the court may specify that the document be published in the Gazette or a newspaper circulating generally in the Territory or by some other form of public notification. (5) Service in accordance with an order of the court under this section is taken to constitute service for this Act. (6) In this section: the court means the court to which an application under subsection (1) is made.