Commonwealth Numbered Regulations

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COURT MARTIAL AND DEFENCE FORCE MAGISTRATE RULES (SLI NO 296 OF 2009) - RULE 6

Service of summons

         (1)   A summons that is required by subsection 87 (5) or 138 (2) of the Act to be served on a person shall be served:

                (a)    by delivering the original summons or a copy of the original summons to the person personally; or

               (b)    by prepaying and posting the summons as a letter addressed to the person at the person's last-known place of residence or business or, if the person is carrying on business at 2 or more places, at 1 of those places; or

                (c)    by leaving the summons at the last-known place of residence of the person with some person apparently a resident of that place and apparently not less than 16 years of age; or

               (d)    by leaving the summons at the last-known place of business of the person or, if the person is carrying on business at 2 or more places, at 1 of those places with a person apparently in the service of the person and apparently not less than 16 years of age; or

                (e)    if the person (other than the accused) consents -- by fax or email.

         (2)   A summons served by fax under paragraph (1) (e) is taken to have been effected on completion of the transmission.

         (3)   A summons served by email under paragraph (1) (e) is taken to have been effected at the time of receipt of the email.

         (4)   At the time of the service of a summons under subsection 138 (2) of the Act on a person who is not a defence member, the person serving the summons shall tender to the person named in the summons sufficient money to enable that person to travel between the person's place of residence or employment (whichever is appropriate) and the place of sitting of the court martial or Defence Force magistrate, as the case may be.



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