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provides that the informant's statement and any exhibit in the informant's statement, served as part of the preliminary brief is admissible in evidence at a summary hearing determined in the absence of the accused if the following conditions are satisfied—
the informant has served a preliminary brief on the accused in accordance with Division 2, Part 3.2 at least 14 days before the summary hearing; and
the Magistrates' Court considers that the matters set out in the preliminary brief disclose the offence charged.
The court has a discretion to require the informant to provide additional evidence if the court considers that the matters set out in the preliminary brief do not disclose the offence charged. However, this additional evidence is only admissible if it is in the form of written statements complying with clause 38 and a copy of each statement has been served on the accused at least 14 days before the court considers it. The court has a discretion to rule the whole or any part of a preliminary brief, statement or exhibit inadmissible. The criminal record of the accused or a statement that the accused has no previous convictions contained in a preliminary brief is only admissible for the purpose of sentencing in accordance with clause 86. The court may also accept evidence on oath given by the informant, or on their behalf, if a full brief has not been served.