191Procedure if failure to appear

191 Procedure if failure to appear (1) This section applies if a person fails to appear as required by a notice to appear and the Court is satisfied: (a) the substance of the offence specified in the notice to appear (the specified offence) is substantiated on oath made before the Court; and (b) the notice to appear was served in accordance with section 133B(2) of the Police Administration Act 1978. (2) The Court may do either of the following: (a) adjourn the hearing of the specified offence and issue a warrant for the apprehension of the person; (b) proceed ex parte to a hearing of the specified offence (the ex parte proceedings) and, subject to this section, adjudicate in relation to that offence as fully and effectually, to all intents and purposes, as if the person had personally appeared as required by the notice to appear. Note for subsection (2) See section 63A for the process for setting aside a decision under this section. (3) For the ex parte proceedings, the Court may have regard to either or both of the following as evidence of the commission by the person of the specified offence: (a) the statement in the notice to appear about the substance of the specified offence; (b) any oral evidence. (4) If the result of the ex parte proceedings is that the Court finds the person committed the specified offence, the prosecutor may recite to the Court a relevant matter alleged against the person about the specified offence as if the person had personally appeared and pleaded guilty. (5) A copy of a notice to appear, which the member who served the notice: (a) endorsed on the day of service with the date, time and place it was served; and (b) signed on the day of service; and (c) has certified as a true copy of the original,

Division 2 Criminal Code Amendment (Criminal Damage) Act 2011 Local Court (Criminal Procedure) Act 1928 76 is evidence that the notice was served in accordance with section 133B(2) of the Police Administration Act 1978.