(1) If a person elects under this Part to have the matter of a lodgeable infringement offence heard and determined in Court or an enforcement agency refers a matter in respect of a lodgeable infringement offence to Court under this Part—
(a) the enforcement agency must lodge with the Court the prescribed information in respect of—
(i) the offender; and
(ii) the infringement offence; and
(iii) the enforcement agency; and
(b) the prescribed information lodged under paragraph (a) is deemed to be a charge in relation to the offence in respect of which the infringement notice was served; and
(c) the Court must—
(i) allocate a time and place of the hearing of the offence; and
(ii) return the hearing details referred to in sub-paragraph (i) to the enforcement agency for service on the person who was served with the infringement notice; and
(d) at least 14 days prior to the hearing date, the enforcement agency must serve the details referred to in paragraphs (a) and (c)(i) on the person who was served with the infringement notice.
(2) Service under sub-section (1)(d) may be by post to the person who was served with the infringement notice at the address—
(a) provided by the person on whom the infringement notice was served; or
(b) on the infringement notice; or
(c) on the penalty reminder notice.
Note: The Magistrates' Court Act 1989 applies to infringement offences that are not lodgeable infringement offences.
(3) Without limiting any other powers of the Court, the Court may proceed to hear and determine the matter of a lodgeable infringement offence even though a charge has not been served on the person who was served with the infringement notice.
Note: See also section 41 of, and clause 7 of Schedule 2 to, the Magistrates' Court Act 1989 .