Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Failure to comply with section 11 does not invalidate:
(a) the proceeding; or
(b) any step taken in relation to the proceeding.
(2) However, the issuing Australian court or tribunal may, on application by the defendant under subsection ( 3), make an order in the terms it considers appropriate setting aside:
(a) the proceeding; or
(b) any step taken in relation to the proceeding.
(3) The defendant's application can only be made:
(a) within a reasonable time; and
(b) before the defendant has commenced tak ing any step in the proceeding;
after the defendant becomes aware of the failure.