Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts11. Section 109 of the Principal Act is repealed and the following section substituted:
“109. (1) If—
(a) the defendant appears (whether voluntarily, in accordance with a summons or by virtue of a warrant) at the time and place for the hearing of an information in respect of an offence punishable summarily; and
(b) the informant, having been notified of the time and place for the hearing, does not appear either personally or by a legal practitioner appearing for him or her;
the Court shall, subject to subsection (2), dismiss the information.
“(2) The Court may, if it thinks it is appropriate to do so, adjourn to another day the hearing of an information that would otherwise be dismissed under subsection (1).”.