Victorian Current Acts

INFRINGEMENTS ACT 2006 - SECT 41

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

S. 41(a) amended by No. 68/2009 s. 97(Sch. item 70.12).

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

S. 41(b) substituted by No. 32/2006 s. 23.

        (b)     the Court—

S. 41(b)(i) amended by No. 68/2009 s. 97(Sch. item 70.12).

              (i)     is not satisfied that the accused had knowledge of the time and place of the hearing; or

S. 41(b)(ii) amended by No. 68/2009 s. 97(Sch. item 70.12).

              (ii)     is satisfied that the accused had that knowledge, but is not satisfied that the accused would not be prejudiced by the non-service—

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

        (c)     is avoiding service of the notice; or

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

S. 41A inserted by No. 29/2016 s. 72.