(ii) return the hearing details referred to in subparagraph (i) to the enforcement agency for service on the person who was served with the infringement notice; and (d) at least 14 days prior to the hearing date, the enforcement agency must serve the details referred to in paragraphs (a) and (c)(i) on the person who was served with the infringement notice. (2) Service under subsection (1)(d) may be by post to the person who was served with the infringement notice at the address— (a) provided by the person on whom the infringement notice was served; or (b) on the infringement notice; or (c) on the penalty reminder notice. Note to Note s. 40(2) The Magistrates' Court Act 1989 applies to the amended by No. 32/2006 enforcement of infringement offences that are not lodgeable s. 22(2). infringement offences. S. 40(3) (3) Subject to section 40A, without limiting any other amended by powers of the Court, the Court may proceed to Nos 9/2008 s. 14, 68/2009 hear and determine the matter of a lodgeable s. 97(Sch. infringement offence even though a charge-sheet item 70.9). has not been served on the person who was served with the infringement notice. Note to Note s. 40(3) See also sections 80 and 85 of the Criminal Procedure amended by No. 68/2009 Act 2009. s. 97(Sch. item 70.10).
(ii) return the hearing details referred to in subparagraph (i) to the enforcement agency for service on the person who was served with the infringement notice; and (d) at least 14 days prior to the hearing date, the enforcement agency must serve the details referred to in paragraphs (a) and (c)(i) on the person who was served with the infringement notice. (2) Service under subsection (1)(d) may be by post to the person who was served with the infringement notice at the address— (a) provided by the person on whom the infringement notice was served; or (b) on the infringement notice; or (c) on the penalty reminder notice. Note to s. 40(2) amended by No. 32/2006 s. 22(2). Note The Magistrates' Court Act 1989 applies to the enforcement of infringement offences that are not lodgeable infringement offences. S. 40(3) amended by Nos 9/2008 s. 14, 68/2009 s. 97(Sch. item 70.9). (3) Subject to section 40A, 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-sheet has not been served on the person who was served with the infringement notice. Note to s. 40(3) amended by No. 68/2009 s. 97(Sch. item 70.10). Note See also sections 80 and 85 of the Criminal Procedure Act 2009.
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