Western Australian Current Acts

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RESTRAINING ORDERS ACT 1997 - SECT 58

58 .         Proof of service

        (1)         If a person certifies in writing that on the day and at the time and place stated in the certificate the person —

            (a)         personally served on a person the requisite copy or copies of a summons or restraining order in accordance with this Division;

            (b)         orally served on a person a restraining order in accordance with this Division and that the person so served appeared to understand what was said; or

            (c)         posted to a person the requisite copy or copies of a restraining order or summons in accordance with this Division; or

            (d)         effected substituted service in accordance with section 60,

                in the absence of evidence to the contrary, the certificate is sufficient proof of service of the summons or restraining order on the person stated to have been so served.

        (2)         If a person certifies in writing that on the day and at the time and place stated in the certificate the person —

            (a)         personally notified, or delivered a document to, a person; or

            (b)         posted to a person a notification or document in accordance with section 56,

                in the absence of evidence to the contrary, the certificate is sufficient proof of the notification of, or delivery of the document to, the person referred to in the certificate.

        [Section 58 amended: No. 49 of 2016 s. 57.]



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