Document ID: chunk:federal_register_of_legislation:C2025C00180:section:13a:p2
Version: federal_register_of_legislation:C2025C00180
Segment Type: section
Provision Reference: s 13A (pt 2/2)
Character Range: 203987–205662

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; or
 (ii) the defendant failed to attend the proceedings in which the conviction or order was made, and failed to make an application in accordance with subsection (1) in relation to the notice served on the defendant under section 11 in relation to the conviction or order, 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;
the court shall set aside the conviction or order and shall:
 (c) proceed forthwith to re‑hear and determine the matter; or
 (d) adjourn the proceedings for re‑hearing the matter to such time and place as the court thinks fit.
 (5) Where an application is made to a court (in this subsection referred to as the relevant court) under this section for the setting aside of a conviction or order of a court, the proper officer of the relevant court shall forthwith:
 (a) cause notice of the making of the application to be given to each party to the application other than the defendant; and
 (b) where the conviction or order was made by a court other than the relevant court—cause notice of the making of the application to be given to that other court.
 (6) Where, under subsection (4), a court sets aside a conviction or order of another court, the proper officer of the first‑mentioned court shall forthwith cause notice of the setting aside of that conviction or order to be given to the other court.