Victorian Numbered Acts

FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 167

    (1)     If the Magistrates' Court makes an order under section 165(3), 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 Magistrates' Court at the time of the hearing under section 165; or

        (b)     at the time of the hearing under section 165 evidence was not taken into account or before the Magistrates' 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 reapply under subsection (1) if the infringement offender obtains leave of the Magistrates' Court to reapply.

    (5)     A warrant to imprison issued in accordance with section 165(5)(a) that has not been executed in relation to a matter must be—

        (a)     recalled and cancelled by a registrar of the Magistrates' 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 Magistrates' Court; and

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

    (6)     The Magistrates' Court must —

        (a)     stay an instalment order made under section 165(5)(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 Magistrates' Court; and

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