Document ID: chunk:federal_register_of_legislation:C2025C00180:section:13a:p1
Version: federal_register_of_legislation:C2025C00180
Segment Type: section
Provision Reference: s 13A (pt 1/2)
Character Range: 201692–204220

13A  Setting aside of conviction or order
 (1) Where a defendant has been served with a notice under section 11 in relation to a conviction or order of a court, the defendant may:
 (a) where a fine was imposed by the court—before the expiration of:
 (i) the period allowed by the court for payment of the fine; or
 (ii) a period of 21 days after the date of service of the notice;
  whichever is the longer; or
 (b) where no fine was imposed by the court—within 21 days after the date of service of the notice;
make an application in writing to the court, or to another court of summary jurisdiction that would have had jurisdiction to make the conviction or order, for an order setting aside the conviction or order.
 (2) Where a defendant has been served with a notice under section 12 in relation to a conviction or order of a court, the defendant may, within 14 days after the date of service of the notice, make an application in writing to the court, or to another court of summary jurisdiction that would have had jurisdiction to make the conviction or order, for an order setting aside the conviction or order.
 (3) Any person who was a party to the proceedings in which the conviction or order to which an application under subsection (1) or (2) relates was made shall be a party to proceedings in respect of the application.
 (4) Where a court is satisfied, on an application made by a defendant in accordance with subsection (1) or (2) in relation to a conviction or order, that:
 (a) in the case of an application under subsection (1):
 (i) the defendant did not receive notice of the proceedings in which the conviction or order was made, or did not receive such notice in sufficient time to enable the defendant to attend the proceedings; or
 (ii) the defendant failed to attend the proceedings in which the conviction or order was made for reasons that, in the opinion of the court, render it desirable, in the interests of justice, that the conviction or order be set aside and the matter re‑heard; or
 (b) in the case of an application under subsection (2):
 (i) the defendant:
 (A) did not receive notice of the proceedings in which the conviction or order was made, or did not receive such notice in sufficient time to enable the defendant to attend the proceedings; and
 (B) did not receive notice of the conviction or order, or did not receive such notice in sufficient time to enable the defendant to apply, within the time specified in paragraph (1)(a), for an order setting aside the conviction or order;