“defendant means any person charged with an offence; and includes—

• “(a) in relation to an infringement offence for which an infringement notice has been issued, any person served with a reminder notice in respect of the offence, or any person who gives notice requesting a hearing in respect of the offence, pursuant to section 21; and

• “(b) a Crown organisation, if proceedings are brought against that organisation for an offence referred to in section 6 of the Crown Organisations (Criminal Liability) Act 2002”.

“informant, in relation to an infringement offence for which an infringement notice has been issued, includes the department, local body, or other authority in or by which the officer or employee who issued the notice was employed”.

• “(a) with the leave of a District Court Judge or a Registrar, by filing a charging document under the Criminal Procedure (Reform and Modernisation) Act 2010; or”.

• “(d) if a notice of hearing is filed in a Court within 6 months from the time when the offence is alleged to have been committed,—

  • “(iaa) the Criminal Procedure (Reform and Modernisation) Act 2010 and the Costs in Criminal Cases Act 1967 apply, with any necessary modifications:

  • “(i) the notice of hearing is to be treated as if it were a charging document:

  • “(ii) a copy of the notice served on the defendant under paragraph (b) is to be treated as if it were a summons to the defendant:

  • “(iii) a notice of the defendant filed in the Court under paragraph (c) is to be treated as if it were a notice of the defendant pleading guilty to the offence under section 34 of the Criminal Procedure (Reform and Modernisation) Act 2010.”

• “(a) a constable:

• “(ab) a Police employee authorised by the Commissioner of Police to serve documents under this Act:”.

• “(2) If a defendant is sentenced to community work, community detention, or home detention under section 88(3) 88AE(1) or is imprisoned pursuant to a warrant of commitment issued under that provision, the defendant has a right of appeal under section 248 of the Criminal Procedure (Reform and Modernisation) Act 2010 as if the defendant had been convicted of an offence.

• “(3) On any such appeal under section 248 of the Criminal Procedure (Reform and Modernisation) Act 2010 by a defendant sentenced by a District Court Judge, the High Court may, in accordance with its powers under section 255 of the Criminal Procedure (Reform and Modernisation) Act 2010, remit the matter to a District Court Judge to be dealt with as that Judge thinks fit under section 88(3) 88AE(1) of this Act, except that that Judge must not impose a sentence the same as that appealed against.”

“106G Actions under warrant to seize pending appeal

• If a warrant to seize is issued before a notice of intention to appeal is filed, then—

  • “(a) if the warrant has not been executed, it is suspended until the appeal has been determined or, as the case may be, until the District Court Judge or Justice or Justices have certified that it has not been prosecuted, or the Registrar of the High Court has certified that it has been dismissed for non-prosecution:

  • “(b) if the warrant has been executed, any goods that have been seized but not sold must be returned to the owner.

“106G Actions under warrant to seize pending appeal

• “(1) If a warrant to seize property is issued before a notice of appeal or an application for leave to appeal is filed under Part 6 of the Criminal Procedure (Reform and Modernisation) Act 2010, then—

  • “(a) if the warrant has not been executed, it is suspended until the appeal has been determined or abandoned:

  • “(b) if the warrant has been executed,—

    • “(i) any seized property that has not been sold, assigned, applied, released, or otherwise disposed of must be retained while the appeal is pending; or

    • “(ii) if the seized property has been sold but the proceeds of the sale have not been applied in accordance with section 100N or 100R, the proceeds must be retained while the appeal is pending.

  “(2) If, on the determination or abandonment of the appeal, the determination in respect of which the warrant was issued continues in effect, the property must be dealt with, and any fees and costs payable under an enactment in respect of the property are payable, as if the notice of appeal had not been given.

  “(3) If, on the determination or abandonment of the appeal, the determination in respect of which the warrant was issued is set aside, the owner—

  • “(a) is entitled to—

    • “(i) the return of the property if the property has been retained in accordance with subsection (1)(b)(i); or

    • “(ii) the proceeds of any sale if the proceeds have been retained in accordance with subsection (1)(b)(ii); and

  • “(b) is not liable for any fees and costs payable under an enactment in respect of the property.

“106H Application of Criminal Procedure (Reform and Modernisation) Act 2010

• Unless otherwise stated in section 78B or Part 3, the provisions of the Criminal Procedure (Reform and Modernisation) Act 2010 apply with any necessary modifications to the enforcement of a fine under this Part, or any application under section 78B, if an oral hearing or attendance before a Court or a Registrar is required, as if that matter were proceedings for a category 1 offence.”

• “(a) in any case until the expiration of the time prescribed by subpart 3 of Part 6 of the Criminal Procedure (Reform and Modernisation) Act 2010 for the filing of a notice of appeal or of an application for leave to appeal; and”.

“203AA Criminal records

• Section 189 of the Criminal Procedure (Reform and Modernisation) Act 2010 applies in respect of any matter to which section 21(8) or 106H applies.”