Australian Crime Commission (Queensland) Regulation 2004

1Short title

This regulation may be cited as the Australian Crime Commission (Queensland) Regulation 2004 .

2Commencement

This regulation commences on 7 November 2004.

3Definitions

In this regulation—

Commonwealth regulation means the Australian Crime Commission Regulations 2002 (Cwlth).

judge means—

(a)a judge of the Federal Court; or

(b)a judge of a court of the State.

4Service of summons to appear before an examiner

(1)This section prescribes the ways of serving a summons for section 23 (1) and (2) of the Act.

(2)If the person named in the summons is a natural person—

(a)tendering a copy of the summons to the person, or if on tender of the copy the person refuses to accept it, putting it down in the presence of the person or leaving it at or upon the place or premises where the person is; or

(b)if service in the way specified in paragraph (a) is not practicable—

(i)leaving a copy of the summons at the last known or usual place of residence or business of the person with another person who is, or is reasonably believed to be, over the age of 16 years and is, or is reasonably believed to be, residing, or employed, at that place; or

(ii)sending a copy of the summons by registered post or certified mail to the person at the last known or usual place of residence or business of the person or at the last known or usual postal address of the person; or

(c)if a judge has, subject to subsection (4), given a direction that the summons should be served in this way—

(i)leaving a copy of the summons with another person identified in the direction, being a person who, in the opinion of the judge, is likely to bring the contents of the summons to the notice of the person; or

(ii)sending it by registered post or certified mail to an address specified in the direction, being the address of a place that the judge has reasonable grounds to believe to be a place frequented by the person.

(3)If the person named in the summons is a body corporate—

(a)tendering a copy of the summons to a person who is, or is reasonably believed to be, an officer of, or in the service of, the body corporate and is, or is reasonably believed to be, over the age of 16 years at the head office, a registered office, a principal office or a principal place of business of the body corporate; or

(b)if on tender of the copy the person refuses to accept it, leaving it at or upon the premises; or

(c)sending a copy of the summons by registered post or certified mail to the head office, a registered office, a principal office or a principal place of business of the body corporate or at a postal address of the body corporate.

(4)A judge must not give a direction referred to in subsection (2) (c) in relation to the service of a summons on a person unless the judge is satisfied upon information given in writing by an examiner, that—

(a)service of the summons on the person in a way specified in subsection (2) (a) or (b) has not been, or is not likely to be, successful; and

(b)there is a likelihood that service of the summons in a way specified in subsection (2) (c) would result in the summons coming to the notice of the person.

5Warrant for arrest of witness—Act, s 24

A warrant issued under section 24 (1) of the Act for the apprehension of a person must be in the same form, with necessary changes, as the form of warrant prescribed from time to time under the Commonwealth regulation, regulation 8.

6Search warrant—Act, s 29

A warrant issued by an issuing officer under section 29 of the Act must be in the same form, with necessary changes, as the form of warrant prescribed from time to time under the Commonwealth regulation, regulation 3.