391. Personal service

391. Personal service

(1) Unless this Act or any other Act or the rules of court otherwise provide, personal service of a document must be effected in accordance with subsection (2), (3) or (4).

(2) Personal service of a document is effected by—

(a) giving a copy of the document to the person to be served; or

(b) if the person does not accept the copy, putting the copy down in the person's presence and telling the person the nature of the document; or

(c) leaving a copy of the document for the person at the person's last known or usual place of residence with a person who appears to be of or over the age of 16 years.

(3) If the person to be served is in detention or in immigration detention within the meaning of section 5 of the Migration Act 1958 of the Commonwealth, personal service of a document on the person may be effected by sending a copy of the document by registered post addressed to the person at the place of detention.

Note

See the definition of in detention in section 3.

(4) If a legal practitioner has given written notice to the informant or the prosecution that the legal practitioner represents an accused and is instructed to accept personal service of documents on behalf of the accused, personal service of a document on the accused may be effected by—

(a) giving a copy of the document to the legal practitioner; or

(b) leaving a copy of the document at the ordinary place of business of the legal practitioner with a person who appears to work there; or

(c) sending a copy of the document by registered post addressed to the legal practitioner at the ordinary business address of the legal practitioner.