Notice of variation application
21 Notice of variation application
On receipt of a variation application, a court or authorised justice must give notice of the time and place of hearing to—
the applicant, and
the accused person, if not the applicant, and
the prosecutor, if not the applicant.
The notice is not required to be given to a person if the court or authorised justice is satisfied the notice has already been given to the person by a police officer.
If the accused person does not appear at the hearing, the court or authorised justice, on proof of notice having been given to the person, may proceed to hear and determine the application.
A court or authorised justice may dispense with the giving of notice if it is satisfied—
the accused person is evading service or cannot be contacted, or
the interests of justice so demand.
The Supreme Court must give notice to a person who makes a variation application of a decision to refuse to entertain the application.
In this section—
prosecutor has the same meaning as in the Act, section 51.
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