Avoiding service

In force

If, but for this section, the hearing of an infringement offence by the Court may not proceed only because—

S. 41(a) amended by No. 68/2009 s. 97(Sch. item 70.12).

(a)

the accused was not served with a notice of the time and place of the hearing; and

S. 41(b) substituted by No. 32/2006 s. 23.

(b)

the Court—

S. 41(b)(i) amended by No. 68/2009 s. 97(Sch. item 70.12).

(i)

is not satisfied that the accused had knowledge of the time and place of the hearing; or

S. 41(b)(ii) amended by No. 68/2009 s. 97(Sch. item 70.12).

(ii)

is satisfied that the accused had that knowledge, but is not satisfied that the accused would not be prejudiced by the non-service—

the hearing of the offence may proceed if the Court is satisfied that the accused—

(c)

is avoiding service of the notice; or

(d)

cannot be found after reasonable search and inquiry.

S. 41A inserted by No. 29/2016 s. 72.

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