Australian Capital Territory Current Acts

MAGISTRATES COURT ACT 1930 - SECT 89

    (1)     This section applies if—

        (a)     a person is alleged by an information to have committed an indictable offence; and

        (b)     a summons is issued against the person; and

        (c)     the person does not appear before the court at the time and place mentioned in the summons; and

        (d)     the court is satisfied, on oath, that the summons was properly served on the person a reasonable time before the time mentioned in the summons for the appearance; and

        (e)     the information is substantiated by the oath of the informant or a witness.

    (2)     This section also applies if—

        (a)     subsection (1) (a), (b) and (e) apply in relation to a person; and

        (b)     the person appears before the court for the hearing of the information for the offence; and

        (c)     the court adjourns or postpones the hearing or further hearing; and

        (d)     the person is told of the time and place of the adjourned or postponed hearing or further hearing; and

        (e)     the person does not appear before the court at the adjourned or postponed hearing or further hearing.

    (3)     The court may issue a warrant for the person's arrest and for bringing the person before the court to answer to the information and to be further dealt with according to law.

    (4)     This section does not apply if an order has been made under section 89A (1) excusing the person from attending before the court.