Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) This rule applies if a defendant does not appear in a criminal proceeding and an order is made against the defendant.
(2) However, this rule does not apply if the defendant—
(a) had entered a plea of guilty under the href="http://www.legislation.act.gov.au/a/1930-21" title="A1930-21">Magistrates Court Act 1930
, section 116D (Pleas to prescribed offence); and
(b) did not withdraw the plea before the order was made; and
(c) did not appear in the proceeding.
(3) On application by the informant, the court may set aside the order on the conditions it considers appropriate.
Example of conditions
payment of costs
Note Pt 6.2 (Applications in proceedings) applies to the application.
(4) If, under this rule, the court sets aside a conviction, the court must dismiss the information and set aside any warrant issued under the href="http://www.legislation.act.gov.au/a/1930-21" title="A1930-21">Magistrates Court Act 1930
because of the conviction.