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New South Wales act
This Act allows writs, warrants, orders, judgments and other court processes to be served on Sundays, changing when legal notices and enforcement can be executed. It affects process servers, police and parties in civil and criminal proceedings by widening possible service times and shifting timing decisions to those who serve documents.
Service done on a Sunday that is Christmas Day is void for most civil matters (but not for offences, breach-of-peace or arrest/search warrants). The Act also repeals section 41 of the Imperial Acts Application Act 1969.
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Direct links to the current provisions in Sunday (Service of Process) Act 1984.
2 Commencement
(1) Sections 1 and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3 Service of process on a Sunday
(1) Any writ, process, warrant, order, judgment or decree may be served on a Sunday.
(2) Notwithstanding subsection (1), service of any writ, process, warrant, order, judgment or decree (except in the case of an offence, breach of the peace or any warrant, writ or process for the apprehension of any person or for the entry into or search of any premises) on a Sunday on which Christmas Day falls shall be void.
s 3: Am 1985 No 38, Sch 1.
4 Amendment of Act No 30, 1969
Section 41 of the Imperial Acts Application Act 1969 is repealed.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
This Act may be cited as the Sunday (Service of Process) Act 1984.
2 Commencement
(1) Sections 1 and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3 Service of process on a Sunday
(1) Any writ, process, warrant, order, judgment or decree may be served on a Sunday.
(2) Notwithstanding subsection (1), service of any writ, process, warrant, order, judgment or decree (except in the case of an offence, breach of the peace or any warrant, writ or process for the apprehension of any person or for the entry into or search of any premises) on a Sunday on which Christmas Day falls shall be void.
s 3: Am 1985 No 38, Sch 1.
4 Amendment of Act No 30, 1969
Section 41 of the Imperial Acts Application Act 1969 is repealed.