Victorian Numbered Acts

COURTS LEGISLATION (JURISDICTION) ACT 2006 (NO 50 OF 2006) - SECT 8

After section 359A of the Crimes Act 1958 insert —

        "359B.     Non-appearance of corporate accused person

    (1)     If an accused person that is a body corporate does not appear, by a representative or a legal practitioner, at its arraignment and the Supreme Court or County Court (as the case requires) is satisfied that a notice under clause 24AA(l) of Schedule 5 to the Magistrates' Court Act 1989 or section 353(2B) of this Act (as the case requires) has been served on the accused person, the Court may, if it considers it appropriate to do so, proceed with the trial and, even though the accused person has not consented to it so doing, proceed to hear and determine a summary offence pursuant to section 359AA(2).

    (2)     If the Supreme Court or County Court proceeds as mentioned in sub-section (1)—

        (a)     the Court may dispense with or vary any requirement imposed by or under this or any other Act (including a requirement with respect to arraignment or empanelling a jury) as necessary having regard to the absence of the accused person; and

        (b)     the prosecution must ensure that notice of any sentence passed in the absence of the accused person is served on the accused person by post.

    (3)     If the accused person is a company or registered body within the meaning of the Corporations Act, a notice under sub-section (2)(b) may be served in accordance with section 109X or 601CX of that Act, as the case requires.

    (4)     Nothing in this section affects clause 24B of Schedule 5 to the Magistrates' Court Act 1989 .".