Victorian Consolidated Legislation

Infringements Act 2006 - SECT 73

Avoiding service

73. Avoiding service

If, but for this section, the hearing of a lodgeable infringement offence in
accordance with section 71 may not proceed only because-

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

   (b)  the Court-

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

   (ii) is satisfied that the defendant had that knowledge, but is not
        satisfied that the defendant would not be prejudiced by the
        non-service- the hearing of the offence may proceed if the Court is
        satisfied that the defendant-

   (c)  is avoiding service of the notice; or

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