85. Non-appearance of accused - Infringements Act 2006

85. Non-appearance of accused - Infringements Act 2006

(1) This section applies to a lodgeable infringement offence within the
meaning of the Infringements Act 2006 in respect of which-

(a) an election to have the matter of the offence heard and determined in the Magistrates' Court under Part 2 or Part 4 of that Act has been made; or

(b) an order under section 72(1) of that Act has been made.

(2) Without limiting any other power of the Magistrates' Court, if the accused fails to appear and the Magistrates' Court proceeds to hear and determine the charge in the absence of the accused under section 80, the court may hear and determine the charge based on the prescribed information lodged under section 40(1)(a) or 71(1)(a) of that Act (as the case requires).