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Weapons Act 1990
sec.164Service of notice, orders etc.
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### sec.164 Service of notice, orders etc.
Any order, notice or other document issued pursuant to this Act, other than a firearm prohibition order, is properly given upon the person to whom it is directed if it is served in accordance with this section, that is to say—
by delivering a copy thereof to the person personally; or
if the person can not reasonably be found—by leaving a copy thereof with some person for the person at that person’s usual place of business or residence or at the place of business or residence last known to the person who serves the order or document; or
by posting by registered post a copy thereof addressed to the person at that person’s place of business or residence last known to the person who issued the order at least 14 days before the date on which the notice or document is to take effect.
When an order, notice or document is served, the person who serves it may attend before a justice and depose on oath and in writing endorse on a copy of the order, notice or document to the manner of service thereof showing therein the date of personal delivery, leaving or posting, as the case may be, of the order, notice or document.
Every such deposition is, upon production in any court, evidence of the matters contained therein and sufficient proof of the service of the order, notice or document on the person to whom it was directed.
Service of any order, notice or document issued pursuant to this Act upon any unincorporated body or association of persons is properly served if it is served in accordance with this section upon the person who is for the time being the secretary or president (by whatever name such office is called) of that club or association.
Subsection (4) applies to the service of a notice on a range operator that is an unincorporated body or association of persons.
s 164 amd 1994 No. 13 s 25 ; 2024 No. 45 s 75
(sec.164-ssec.1) Any order, notice or other document issued pursuant to this Act, other than a firearm prohibition order, is properly given upon the person to whom it is directed if it is served in accordance with this section, that is to say— by delivering a copy thereof to the person personally; or if the person can not reasonably be found—by leaving a copy thereof with some person for the person at that person’s usual place of business or residence or at the place of business or residence last known to the person who serves the order or document; or by posting by registered post a copy thereof addressed to the person at that person’s place of business or residence last known to the person who issued the order at least 14 days before the date on which the notice or document is to take effect.
(sec.164-ssec.2) When an order, notice or document is served, the person who serves it may attend before a justice and depose on oath and in writing endorse on a copy of the order, notice or document to the manner of service thereof showing therein the date of personal delivery, leaving or posting, as the case may be, of the order, notice or document.
(sec.164-ssec.3) Every such deposition is, upon production in any court, evidence of the matters contained therein and sufficient proof of the service of the order, notice or document on the person to whom it was directed.
(sec.164-ssec.4) Service of any order, notice or document issued pursuant to this Act upon any unincorporated body or association of persons is properly served if it is served in accordance with this section upon the person who is for the time being the secretary or president (by whatever name such office is called) of that club or association.
(sec.164-ssec.5) Subsection (4) applies to the service of a notice on a range operator that is an unincorporated body or association of persons.
- (a) by delivering a copy thereof to the person personally; or
- (b) if the person can not reasonably be found—by leaving a copy thereof with some person for the person at that person’s usual place of business or residence or at the place of business or residence last known to the person who serves the order or document; or
- (c) by posting by registered post a copy thereof addressed to the person at that person’s place of business or residence last known to the person who issued the order at least 14 days before the date on which the notice or document is to take effect.