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limits the type of sentence that the Magistrates' Court may impose if the court proceeds to hear and determine a charge in the absence of the accused. The court must not make a custodial order under Division 2, Part 3 of the Sentencing Act 1991 or an order that requires the consent of the accused (for example a community based order) if it finds the accused guilty after hearing and determining a charge in their absence. Where a charge is determined in the absence of the accused on the basis of a preliminary brief, the following limitations on sentencing apply—
the court must not make an order for a fine exceeding 20 penalty units and the total sum of orders for fines must not exceed in the aggregate 50 penalty units; and
the total sum of orders for the payment of restitution or compensation must not exceed $2000.
If the court considers at any time during the hearing that the charge, if proven, is likely to result in an order prohibited under this clause, the court must adjourn the proceeding to enable the accused to either attend or be brought before the court to answer the charge and may issue a warrant to arrest the accused. If the court finds a charge proved and imposes a sentence in the absence of the accused the court must given written notice of the order and their right to apply for a rehearing. Where a charge is heard and determined in the absence of the accused, the accused has a right to apply for a rehearing in accordance with Part 3.4.