Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 160B

Application for rehearing in certain circumstances

S. 160B(1) amended by No. 29/2016 s. 87(2)(a).

    (1)     If the Court has made an order under section 160(3)(e), the infringement offender may apply for a rehearing of the matter.

    (2)     An application under subsection (1) is to be in accordance with the rules of court (if any).

    (3)     A rehearing may only be sought on the basis that—

        (a)     at the time of the hearing—

              (i)     the infringement offender had a mental or intellectual impairment, disorder, disease or illness; or

              (ii)     without limiting subparagraph (i), that special circumstances applied to the infringement offender

and this was not taken into account or was not before the Court at the time of the hearing under section 160; or

        (b)     at the time of the hearing under section 160 evidence was not taken into account or before the Court so as to make the decision to imprison the infringement offender excessive, disproportionate and unduly harsh.

    (4)     If an infringement offender fails to appear at the time fixed for the rehearing of the matter and the rehearing is struck out, the infringement offender may re-apply under subsection (1) if he or she first obtains the leave of the Court.

S. 160B(5) amended by No. 29/2016 s. 87(2)(b).

    (5)     A warrant to imprison issued in accordance with section 160AA(2)(a) that has not been executed in relation to a matter must be—

        (a)     recalled and cancelled by a registrar of the Court

              (i)     on the filing of an application under this section for a rehearing of a matter; or

              (ii)     on the filing of an application under this section to obtain the leave of the Court; and

        (b)     reissued on the striking out or refusal of a rehearing by the Court.

    (6)     The Court must—

S. 160B(6)(a) amended by No. 29/2016 s. 87(2)(c).

        (a)     stay an instalment order made under section 160AA(2)(b)—

              (i)     on the filing of an application under this section for a rehearing of a matter; or

              (ii)     on the filing of an application under this section to obtain the leave of the Court; and

        (b)     lift the stay on the striking out or refusal of a rehearing by the Court.

S. 160C inserted by No. 32/2013 s. 51.



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