Victorian Numbered Acts

COURTS LEGISLATION (JURISDICTION) ACT 2006 (NO 50 OF 2006) - SECT 18

    (1)     Insert the following heading to section 36 of the Magistrates' Court Act 1989 —

"Service of summonses for summary offences by post" .

    (2)     In section 36(1) of the Magistrates' Court Act 1989 , for "prescribed" substitute "summary".

    (3)     After section 36(1) of the Magistrates' Court Act 1989 insert —

    "(1A)     In considering whether to effect service of a summons by post, an informant must consider whether it is the most appropriate method of service in all the circumstances as known by the informant including—

        (a)     the nature and gravity of the alleged offence;

        (b)     whether the defendant has previously been found guilty or convicted of any similar offence;

        (c)     the period of time that has elapsed since the defendant's address for service was ascertained.".

    (4)     In section 36(3) of the Magistrates' Court Act 1989 , after "posting" insert "and whether the informant considered the matters referred to in sub-section (1A) before determining to effect service by post".

    (5)     In section 36 of the Magistrates' Court Act 1989 , sub-sections (4), (5) and (6) are repealed .