South Australia regulation

Summary Procedure (Service) Regulations 2017

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

3/10 complexity

These regulations narrow how documents can be served under the Summary Procedure Act 1921. They prohibit service by SMS/MMS or similar phone-to-phone messaging and bar email or other electronic service where the document contains “sensitive material” as defined in the Evidence Act 1929, but allow prosecuting authorities to send sensitive material electronically when using their powers under Evidence Act 1929 Part 7 Division 10. The people who serve documents must use alternative methods; prosecuting authorities keep a limited electronic option.

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Current sections

Direct links to the current provisions in Summary Procedure (Service) Regulations 2017.

Summary Procedure (Service) Regulations 2017

South Australia Summary Procedure (Service) Regulations 2017 under the Criminal Procedure Act 1921

Contents 1 Short title 2 Commencement 3 Interpretation 4 Exceptions to certain electronic forms of service and to electronic service of certain material Legislative history

1—Short title These regulations may be cited as the Summary Procedure (Service) Regulations 2017. 2—Commencement These regulations will come into operation on the day on which the Summary Procedure (Service) Amendment Act 2017 comes into operation. 3—Interpretation In these regulations— Act means the Summary Procedure Act 1921. 4—Exceptions to certain electronic forms of service and to electronic service of certain material (1) For the purposes of section 27 of the Act— (a) a summons, notice or other document cannot be issued, given or sent to, or served on, a person by means of transmitting a text message or multimedia message between 2 or more mobile phones, or between fixed or portable devices over a phone network; and (b) a summons, notice or other document cannot be issued, given or sent to, or served on, a person by email or some other electronic means if it includes any sensitive material within the meaning of section 67H of the Evidence Act 1929. (2) Subregulation (1)(b) does not apply if the sensitive material is issued, given or sent to, or served on, a person by a prosecuting authority in the exercise of its powers under Part 7 Division 10 of the Evidence Act 1929. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations Year No Reference Commencement 2017 342 Gazette 19.12.2017 p5154 4.3.2018: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Summary Procedure (Service) Regulations 2017

South Australia Summary Procedure (Service) Regulations 2017 under the Criminal Procedure Act 1921

Contents 1 Short title 2 Commencement 3 Interpretation 4 Exceptions to certain electronic forms of service and to electronic service of certain material Legislative history