Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p38
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 38/48)
Character Range: 103844–106472

effect as if it were an affidavit of service.

7.20  Deemed service
  A party to criminal proceedings may apply to the Court, without notice, for an order that a document is taken to have been served on a person on the date mentioned in the order if:
 (a) it is not practicable to serve the document on the person in a foreign country in accordance with a convention or the law of a foreign country; and
 (b) the party provides evidence that the document has been brought to the attention of the person to be served.

7.21  Substituted service
  If service was not successful on a person in a foreign country, in accordance with a convention or the law of a foreign country, a party may apply to the Court without notice for an order:
 (a) substituting another method of service; or
 (b) specifying that, instead of being served, certain steps be taken to bring the document to the attention of the person; or
 (c) specifying that the document is taken to have been served:
 (i) on the happening of a specified event; or
 (ii) at the end of a specified period.

Division 7.6—Service through diplomatic channel or by transmission to foreign government

7.22  Documents to be lodged with the Court
  If a party wants to serve a document in criminal proceedings on a person in a foreign country:
 (a) through the diplomatic channel; or
 (b) by transmission to a foreign government in accordance with a convention (the relevant convention);
the party must lodge in the District Registry:
 (c) a request for service, in accordance with Form CP39; and
 (d) a request for transmission, in accordance with Form CP40; and
 (e) the party's, or the party's lawyer's, written undertaking to pay to the Chief Executive Officer the amount of the expenses incurred by the Court in giving effect to the party's request; and
 (f) the number of copies of each document that are required by the relevant conventions to be served; and
 (g) if necessary, a translation into the foreign country's official language (including a statement by the translator attesting to the accuracy of the translation) of the following:
 (i) the request for transmission referred to in paragraph (d);
 (ii) each document to be served.

7.23  Order for payment of expenses
  If a party, or a party's lawyer, gives an undertaking under paragraph 7.22(e) and does not, within 14 days after being sent an account for expenses incurred in relation to the request, pay to the Chief Executive Officer the amount of the expenses, the Court may without notice make an order that:
 (a) the amount of the expenses be paid to the Chief Executive Officer within a specified period