Criminal Procedure Act 1921

Subject to this section, if a summons is served in accordance with section 27 on the defendant named in the summons and—

either the defendant fails to appear in obedience to the summons; or

the defendant fails to plead guilty in the manner provided for under section 57A to the offence to which the summons relates, the

proceed in the absence of the defendant to the hearing of the information to which the summons relates (and, despite section 62C, adjudicate the matter as if the defendant had personally appeared in obedience to the summons); or

order that the information be heard in the absence of the defendant and adjourn the hearing (and, on the adjourned hearing, proceed in the manner provided for in paragraph (c)).

If a hearing is adjourned under subsection (1)(d), it is not necessary for the Magistrates Court to be constituted of the same judicial officer at the adjourned hearing.

On conviction after a hearing under subsection (1), the Magistrates Court must not—

impose any penalty other than a fine; or

disqualify the defendant from holding or obtaining a licence to drive a motor vehicle; or

treat the offence as other than a first offence unless the informant proves that the defendant has previously been convicted of such an offence; or

make an order for payment of compensation of an amount that exceeds an amount specified in the information, unless—

the summons was given personally to the defendant; or

—

the

the defendant is personally served, not less than 14 days before the time to which the hearing has been adjourned, with a notice informing the defendant of—

the conviction; and

the time and place to which the hearing has been adjourned; and

the provisions of section 76A;

the defendant does not, within 14 days after the date of service of the notice on the defendant, apply in accordance with section 76A, for an order setting aside the conviction.

If a defendant, not being a defendant who has been personally served with a notice under subsection (3)(f), is convicted after a hearing under subsection (1), the Registrar must, within 7 days of that conviction, serve on the defendant a notice setting out the particulars of the conviction, the penalty imposed and section 76A.

If a defendant who has been personally served with a notice under subsection (3)(f) is convicted after a hearing under subsection (1), the Registrar must, within 7 days after the imposition of a penalty in respect of that conviction, serve on the defendant a notice setting out the particulars of that conviction and the penalty imposed.