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.