Application for rehearing in certain circumstances
171H Application for rehearing in certain circumstances
S. 171H(1) amended by No. 17/2022 s. 60(a).
If the relevant court makes an order under section 171C(4)(e), the person 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).
S. 171H(3) amended by No. 17/2022 s. 60(a).
A rehearing may only be sought on the basis that—
at the time of the hearing—
the person had a mental or intellectual impairment, disorder, disease or illness; or
without limiting subparagraph (i), that special circumstances applied to the person—
and this was not taken into account or was not before the relevant court at the time of the hearing under section 171C; or
S. 171H(3)(b) amended by No. 17/2022 s. 60(a).
at the time of the hearing under section 171C, evidence was not taken into account or before the relevant court so as to make the decision to imprison the person excessive, disproportionate and unduly harsh.
S. 171H(4) amended by No. 17/2022 s. 60(a).
If a person fails to appear at the time fixed for the rehearing of the matter and the rehearing is struck out, the person may reapply under subsection (1) if the person obtains leave of the relevant court to reapply.
A warrant to imprison issued in accordance with section 171D(2)(a) that has not been executed in relation to a matter must be—
S. 171H(5)(a) amended by No. 17/2022 s. 60(a).
recalled and cancelled by a registrar of the relevant court—
on the filing of an application under this section for a rehearing of a matter; or
S. 171H (5)(a)(ii) amended by No. 17/2022 s. 60(a).
on the filing of an application under this section to obtain the leave of the relevant court; and
S. 171H(5)(b) amended by No. 17/2022 s. 60(a).
reissued on the striking out or refusal of a rehearing or leave by the relevant court.
S. 171H(6) amended by No. 17/2022 s. 60(a).
The relevant court must—
stay an instalment order made under section 171D(2)(b)—
on the filing of an application under this section for a rehearing of a matter; or
S. 171H (6)(a)(ii) amended by No. 17/2022 s. 60(b).
on the filing of an application under this section to obtain the leave of the court; and
S. 171H(6)(b) amended by No. 17/2022 s. 60(b).
lift the stay on the striking out or refusal of a rehearing by the court.
S. 171I inserted by No. 29/2016 s. 42.
This Act’s bill:Explanatory memorandumSecond reading speech
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