Western Australian Numbered Acts Western Australian Numbered Acts[s. 175]
In this Schedule,
unless the contrary intention appears —
“service information” , in relation to
the service of a document or other thing under this Schedule, means
information about the service that is required by the document or the
regulations.
2. Personal service of individuals
(1) This clause does
not apply in relation to serving a corporation.
(2) To serve a
document or other thing on an individual (the “named person” ) in
accordance with this clause, another person must —
(a) hand
it to the named person in person;
(b) if
the named person refuses to accept it, leave it near the named person and
orally draw his or her attention to it;
(c) hand
it to another person who appears to have reached 16 years of age and who
appears to be —
(i)
residing at; or
(ii)
in charge of, or employed by the person in charge of,
the place where the
named person is known to reside or work; or
(d) if
the named person is in a prison (as that term is defined in the
Prisons Act 1981 section 3), hand it to the officer who at the time
is in charge of the prison.
(3) A person who
serves a named person with a document or other thing under this clause must
record the service information in a service certificate signed by the person.
(4) A document or
other thing that is served under this clause is to be taken to have been
served on the named person on the day on which it is handed to or left near a
person under this clause.
3. Postal service on individuals and corporations
(1) This clause
applies in relation to serving an individual or a corporation.
(2) To serve a
document or other thing on a person (the “named person” ) in
accordance with this clause, a person referred to in subclause (4) or (5)
must post it to the named person at —
(a) the
address where the named person was last known to reside, work or conduct a
business; or
(b) if
subclause (6), (7) or (8) applies, the address deemed by that subclause
to be the named person’s last known address, unless there is any reason
for the person referred to in subclause (4) or (5) to believe that that
address is not where the named person resides, works or conducts a business,
and, if necessary, in
accordance with subclause (3).
(3) If the document is
a court hearing notice, it must be posted under subclause (2) at least
14 days before the court date stated in the notice.
(4) If the document is
an infringement notice issued under Part 2, the person who posts it must be an
authorised officer (as defined in section 4).
(5) If the thing being
served is or relates to a prosecution notice, the person who posts the thing
must be —
(a) an
officer of the court concerned;
(b) the
prosecutor; or
(c) a
person authorised in writing to do so by the prosecutor.
(6) If the thing being
served is or relates to an infringement notice or a prosecution notice that
alleges the named person committed an offence arising from the driving or use
of a vehicle, the address of the named person in a driver’s licence
produced by the person during the investigation of the offence is deemed to be
the named person’s last known address.
(7) If the thing being
served is or relates to an infringement notice or a prosecution notice that
alleges the named person committed an offence as the owner of a vehicle, the
address of the named person that is recorded as the address of the owner on
the vehicle licence for the vehicle that is in force at the time of the
alleged offence is deemed to be the named person’s last known address.
(8) If the thing being
served is or relates to an infringement notice or a prosecution notice that
alleges the named person committed an offence under a written law, the address
of the named person, or of any premises of which the person is the owner or
occupier, in any licence, permit or similar document that is in force at the
time of the alleged offence under that law or a law connected to that law is
deemed to be the named person’s last known address.
(9) For the purposes
of subclause (8) a law is connected to a written law if it
is —
(a)
subsidiary legislation made under that written law;
(b) the
law that empowers the making of that written law as subsidiary legislation;
(c) a
code or similar provision adopted or enacted by that written law; or
(d) the
law that adopted or enacted that written law as a code or similar provision.
(10) A person who
serves a named person with a document or other thing under this clause must
record the service information in a service certificate signed by the person.
(11) A document or
other thing that is served under this clause is to be taken to have been
served on the named person on the fourth working day after the date on which
it was posted unless the contrary is proved.
(1) This clause does
not apply in relation to serving an individual.
(2) To serve a
document or other thing on a corporation (the “named person” ) in
accordance with this clause, it must be served on the named person in
accordance with —
(a)
section 109X of the Corporations Act 2001 of the Commonwealth if the
named person is a company within the meaning of that Act;
(b)
section 601CX of the Corporations Act 2001 of the Commonwealth if
the named person is a registered body within the meaning of that Act;
(c) the
Associations Incorporation Act 1987 section 41 if the named person
is an incorporated association under that Act; or
(d) by
leaving it at, or posting it to, the corporation’s principal place of
business if the named person is any other corporation,
and, if necessary, in
accordance with subclause (3).
(3) If the document is
a court hearing notice, it must be posted under subclause (2) at least
14 days before the court date stated in the notice.
(4) A person who
serves a named person with a document or other thing under this clause must
record the service information in a service certificate signed by the person.
(5) A document or
other thing that is served by post under this clause is to be taken to have
been served on the named person on the fourth working day after the date on
which it was posted unless the contrary is proved.
5. False service information, offence
A person who records
any service information in a service certificate that is false in a material
particular commits an offence.
Penalty: a fine of $12 000 or imprisonment
for 12 months.