Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 73

Avoiding service

If, but for this section, the hearing of a lodgeable infringement offence in accordance with section 71 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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback