Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p37
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 37/48)
Character Range: 101543–104058

be served on any other party to the proceedings.

7.15  Time of service
  A document that is served on a person in accordance with these Rules is taken to be served on the person:
 (a) if the document was sent by pre‑paid post—on the fourth business day after the document was sent; or
 (b) if the document was sent by fax—on the next business day after the document was sent; or
 (c) if the document was sent by email—on the next business day after the document was sent.

Division 7.5—Service outside Australia

7.16  Serving a document outside Australia
 (1) A party to criminal proceedings does not, for the purposes of these Rules, require leave of the Court to serve a document on a person in a foreign country for the purposes of the proceedings.
Note: If a party requires leave to serve a document in order to meet the requirements of a convention or a provision of a foreign law, the party may apply for leave under rule 9.01.
 (2) A document in criminal proceedings may be served on a person in a foreign country in accordance with:
 (a) if a convention applies—the convention; or
 (b) the law of the foreign country; or
 (c) an order under this Division.

7.17  Application of other rules
  The other provisions of this Part apply to service of a document on a person in a foreign country in the same way as they apply to service on a person in Australia, to the extent that they are:
 (a) relevant and not inconsistent with this Division; and
 (b) consistent with:
 (i) if a convention applies—the convention; or
 (ii) in any other case—the law of the foreign country.

7.18  Method of service
  A document in criminal proceedings that is to be served on a person in a foreign country need not be served personally on the person if it is served according to the law of the foreign country.

7.19  Proof of service
 (1) An official certificate or declaration (whether made on oath or otherwise) stating that a document in criminal proceedings has been personally served on a person in a foreign country, or served on the person in another way in accordance with the law of the foreign country, is sufficient proof of the service of the document.
 (2) If filed, a certificate or declaration mentioned in subrule (1):
 (a) is taken to be a record of the service of the document; and
 (b) has 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