109Dismissal or adjournment in absence of informant

109 Dismissal or adjournment in absence of informant (a) the defendant appears (whether voluntarily, in accordance with a summons or under a warrant) at the time and place for the hearing of an information in relation to an offence punishable summarily; and (b) the informant, having been notified of the time and place for the hearing, does not appear either personally or by a lawyer appearing for the informant; the court must, subject to subsection (2), dismiss the information. (2) The court may, if it considers it is appropriate to do so, adjourn to another day the hearing of an information that would otherwise be dismissed under subsection (1).