Bail Act 2013

If an application to have a forfeiture order set aside is duly made to the Local Court and the Court is satisfied that the applicant can be excused for failing to lodge an objection to the order, the Court must conduct a hearing to determine whether or not the order should be set aside.

An applicant can be excused for failing to lodge an objection to a forfeiture order if and only if—

notice of the making of the order was not served on the applicant, and

the applicant did not otherwise become aware that the order had been made before the expiry of the statutory review period.

After conducting a hearing on the application, the Local Court has the same powers to confirm or set aside the order, or vary the order, as it has in respect of an objection to the making of a forfeiture order (subject to the same limitations as would apply if the application had been an objection).

Notice of the Local Court’s determination of the application is to be given to the Commissioner of Fines Administration.