Infringements Act 2006
41Avoiding service
Start here
Get a plain-English read of 41
Turn the raw legal text into a practical explanation grounded in Infringements Act 2006.
41 Avoiding service
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.