INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 71 Decision to go to Court

INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 71

    (1)     If a matter is referred to Court under this Part or an order is made under section 72(1)—

        (a)     unless a request has been received from an enforcement agency under section 69, an infringements registrar must lodge with the Court the prescribed information in respect of—

              (i)     the offender; and

              (ii)     the infringement offence; and

              (iii)     the enforcement agency; and

        (b)     the prescribed information lodged under paragraph (a) is deemed to be a charge in relation to the offence that was lodged with the infringements registrar under section 54; and

        (c)     the Court must—

              (i)     allocate a time and place of the hearing of the offence; and

              (ii)     at least 14 days prior to the hearing date, cause the hearing details referred to in sub-paragraph (i) and the prescribed information lodged under paragraph (a) to be served on the enforcement agency and the person who was served with the enforcement order notice.

    (2)     Without limiting any other powers of the Court, the Court may proceed to hear and determine the matter of a lodgeable infringement offence even though a charge has not been served on the person who was served with the infringement notice.

    Note:     See also section 41 of, and clause 7 of Schedule 2 to, the Magistrates' Court Act 1989 .