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outlines how personal service is to be effected, namely by—
giving a copy of the document to the person to be served; or
if the person does not accept the copy, by putting the copy down in the person's presence and telling the person the nature of the document; or
leaving a copy of the document for the person at the person's last known or usual place of residence with a person who appears to be of or over the age of 16 years.
The option to put down a document in the presence of the person being served is consistent with personal service provisions in Rule 6.03 of the Supreme Court (General Civil Procedure) Rules 2005. This clause does not allow personal service to be effected by leaving a document at a last known business address. This is because service at a person's business address does not align well with the primary purpose of personal service—that is, to ensure that a document is actually brought to the attention of the person being served. It remains open to the prosecution to seek an order for substituted service at a person's place of business if required under clause 345. Further, this clause does not remove the ability to locate the person at their place of business and to give them the document or leave it in their presence. Subclause (3) provides that, if the person to be served is in detention or in immigration detention, personal service of a document on the person may be effected by sending a copy of the document by registered post addressed to the person at the place of detention. Under subclause (4), if a legal practitioner has given written notice to the informant or the prosecution that the legal practitioner represents an accused and is instructed to accept personal service of documents on the accused's behalf, personal service of a document on the accused may be effected on the legal practitioner in the ways specified. This subclause makes personal service on a legal practitioner acceptable only when it has been expressly agreed to by the accused.