Victorian Numbered Acts

INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 41

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

        (a)     the defendant was not served with a notice of the time and place of the hearing; and

        (b)     the Court is not satisfied that—

              (i)     the defendant had knowledge of the time and place of the hearing; or

              (ii)     if the Court is satisfied that the defendant had that knowledge, the defendant would not be prejudiced by the non-service—

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

        (c)     is avoiding service of the notice; or

        (d)     cannot be found after reasonable search and inquiry.

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