85 Non-appearance of accused—Infringements Act 2006 S. 85(1) substituted by No. 47/2014 s. 258(1). (1) This section applies to an infringement offence within the meaning of the **Infringements Act 2006** in respect of which an election to have the matter of the offence heard and determined in the Magistrates' Court under Part 2 of that Act has been made. S. 85(2) amended by No. 47/2014 s. 258(2). (2) Without limiting any other power of the Magistrates' Court, if the accused fails to appear and the Magistrates' Court proceeds to hear and determine the charge in the absence of the accused under section 80, the court may hear and determine the charge based on the prescribed information lodged under section 40(1)(a) of that Act (as the case requires).

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