Application for rehearing in certain circumstances
167 Application for rehearing in certain circumstances
S. 167(1) amended by Nos 29/2016 s. 41(2)(a), 59/2017 s. 45(1).
If the Magistrates' Court makes an order under section 165(3)(e), the person in default may apply for a rehearing of the matter.
An application under subsection (1) is to be in accordance with the rules of court (if any).
A rehearing may only be sought on the basis that—
at the time of the hearing—
S. 167(3)(a)(i) amended by No. 59/2017 s. 45(2).
the person in default had a mental or intellectual impairment, disorder, disease or illness; or
S. 167(3)(a)(ii) amended by No. 59/2017 s. 45(2).
without limiting subparagraph (i), that special circumstances applied to the person in default—
and this was not taken into account or was not before the Magistrates' Court at the time of the hearing under section 165; or
S. 167(3)(b) amended by No. 59/2017 s. 45(2).
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 person in default excessive, disproportionate and unduly harsh.
S. 167(4) amended by No. 59/2017 s. 45(3).
If a person in default fails to appear at the time fixed for the rehearing of the matter and the rehearing is struck out, the person in default may reapply under subsection (1) if the person in default obtains leave of the Magistrates' Court to reapply.
S. 167(5) amended by No. 29/2016 s. 41(2)(b).
A warrant to imprison issued in accordance with section 165A(2)(a) that has not been executed in relation to a matter must be—
recalled and cancelled by a registrar of the Magistrates' Court—
on the filing of an application under this section for a rehearing of a matter; or
on the filing of an application under this section to obtain the leave of the Magistrates' Court; and
reissued on the striking out or refusal of a rehearing or leave by the Magistrates' Court.
The Magistrates' Court must—
S. 167(6)(a) amended by No. 29/2016 s. 41(2)(c).
stay an instalment order made under section 165A(2)(b)—
on the filing of an application under this section for a rehearing of a matter; or
on the filing of an application under this section to obtain the leave of the Magistrates' Court; and
lift the stay on the striking out or refusal of a rehearing by the Magistrates' Court.
This Act’s bill:Explanatory memorandumSecond reading speech
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