Victorian Numbered Acts

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INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 74

Application for re-hearing

    (1)     If the Court determines a matter under section 72(2) against a person who did not appear at the hearing, that person may apply to the Court for an order that the determination under section 72(2) be set aside and that the application be re-heard.

    (2)     On an application under this section, the Court may set aside the determination under section 72(2) subject to any terms and conditions that it thinks just and re-hear the matter.

    (3)     On the lodging of a notice under section 75, the determination under section 72(2) is stayed until the application for re-hearing has been heard.

    (4)     If an applicant under this section fails to appear at the time fixed for the hearing of the application and the application is struck out, the applicant can re-apply only if the applicant first obtains the leave of the Court.

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