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JUSTICE LEGISLATION AMENDMENT (SYSTEM ENHANCEMENTS AND OTHER MATTERS) ACT 2021 (NO. 11 OF 2021) - SECT 159

Service of witness summons

    (1)     In section 18A(1) of the Ombudsman Act 1973 , for "A witness" substitute "Subject to subsection (1A), a witness".

    (2)     After section 18A(1) of the Ombudsman Act 1973 insert

    "(1A)     The Ombudsman may issue a witness summons requiring immediate attendance by a person before the Ombudsman if the Ombudsman considers on reasonable grounds that a delay in the person's attendance is likely to result in—

        (a)     evidence being lost or destroyed; or

        (b)     the commission of an offence; or

        (c)     the escape of the person who is summoned; or

        (d)     serious prejudice to the conduct of the investigation to which the witness summons relates.".

    (3)     For section 18A(2) and (3) of the Ombudsman Act 1973 substitute

    "(2)     A witness summons directed to a natural person must be served by—

        (a)     serving a copy of the summons on the person personally; or

        (b)     sending by registered post a copy of the summons addressed to that person at the person's last known place of residence or business; or

        (c)     delivering a copy of the summons to the person by means of electronic communication that is confirmed as having been received by the person; or

        (d)     sending by registered post a copy of the summons, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or

        (e)     leaving a copy of the summons for that person—

              (i)     at the place of business of the person's authorised legal representative; and

              (ii)     with a person who apparently works there and who is apparently not less than 18 years of age; or

        (f)     delivering a copy of the summons, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or

        (g)     delivering a copy of the summons to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative.

    (3)     A witness summons directed to a body corporate must be served by—

        (a)     leaving a copy of the document at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age; or

        (b)     sending by registered post a copy of the document addressed to that body corporate at the registered office or principal place of business of the body corporate; or

        (c)     delivering a copy of the document to the body corporate by means of an electronic communication that is confirmed as having been received by the body corporate.

    (4)     For the purposes of subsection (2), a person may deliver a copy of a document to another person personally by placing a copy of the document on a surface in the presence of that other person.

    (5)     For the purposes of subsections (2)(c) and (g) and (3)(c), the receipt of a document may be confirmed by any form of electronic communication.".



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