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Wednesday, 8 November 1911


Senator ST LEDGER (Queensland) . - The Minister has referred the Committee to section 29 of the Acts Interpretation Act to show what is to be understood by service by post; but I would remind the honorable senator that the section he has quoted refers only to the use of the terms mentioned in an Act of Parliament. Once a notice is posted, it is under the Acts Interpretation Act deemed to be served, but only if there is a provision for service by post under the Act under which it is issued. I am not disposed to assist the Committee any further in connexion with this matter. I consider the Government tyrannical and obstinate in their refusal to accept Senator Lynch's amendment. They should, at any rate, give some indication in the Bill itself of the nature of the substituted service to be adopted where summonses are not personally served. That is the practice followed in all other Acts, and it should be followed here. I venture to say that the Ministerial proposal will defeat itself. Unless Senator Lynch's amendment be accepted, no Court will convict, unless personal service of the summons is proved, of the Courts will insist on evidence of the service of summonses.







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