63ACertain decisions of Court may be set aside on application by

63A Certain decisions of Court may be set aside on application by defendant or complainant (1AA) This section applies if the Court has: (a) proceeded ex parte, under section 62(b) or 62A(b), to hear and adjudicate on a complaint and has found the defendant guilty of the offence or made an order against the defendant to which the complaint relates; or (b) proceeded ex parte, under section 191, to hear and adjudicate on an offence specified in a notice to appear and has found the defendant guilty of the offence or made an order against the defendant to which the notice to appear relates; or (c) dismissed a complaint under section 63(1) or the proceedings for the notice to appear under section 190(4) (each of which is a dismissal).

Local Court (Criminal Procedure) Act 1928 31 (1) The defendant in relation to a finding of guilt or order may, not later than 1 month after the finding of guilt or order comes to the defendant's notice, apply to the Court to set aside that finding or order. (1A) The complainant in relation to a dismissal may, not later than 1 month after the dismissal comes to the complainant's notice, apply to the Court to set aside the dismissal. (1B) An application mentioned in subsection (1) or (1A) must be in writing and state the grounds of the application. (2) If an application is made under subsection (1) or (1A), the relevant registrar must: (a) appoint a time and place for the hearing of the application; and (b) give written notice to the person who made the application of the time and place so appointed. (3) Where a defendant who has made an application referred to in subsection (1) is in custody pursuant to the finding of guilt or order to which the application relates, the Court may, upon application by the defendant, if satisfied that that first-mentioned application has been duly made and that that defendant is not in custody for some other cause, grant the defendant bail in accordance with the Bail Act 1982. (4) Where a defendant is in custody pursuant to a finding of guilt or order mentioned in subsection (1AA)(a) or (b), the Commissioner of Correctional Services, or a person authorised in writing by the Commissioner for that purpose, must, at the request of that defendant, as soon as practicable, make all necessary arrangements: (a) for the purpose of allowing service of an application referred to in subsection (1); and (b) for the purpose of allowing that defendant to make an application referred to in subsection (3). (5) A defendant who has served an application referred to in subsection (1) and who is not granted bail pursuant to subsection (3) must, pending the determination under subsection (7) of the application and for so long as the defendant is not in custody for some other cause, be treated in the same manner as a person who is in custody pursuant to section 60(1).

Local Court (Criminal Procedure) Act 1928 32 (6) Where, as a result of a determination under subsection (7), a defendant is required to serve a term of imprisonment, the period, if any, during which the defendant is in custody pending the determination must count as part of the whole term. (7) At the time and place appointed under subsection (2) for the hearing of an application referred to in subsection (1) or (1A), the Court must, unless the applicant to which the application relates was a defendant who was, under subsection (3), granted bail in accordance with the Bail Act 1982 and who fails to appear in accordance with the defendant's bail undertaking, proceed to hear and determine that application: (a) by refusing that application; or (b) by adjourning the hearing of that application to a time and place appointed by the Court, and giving to the other party written notice: (i) of that time and place; and (ii) that that other party may, if the other party thinks fit, at that time and place appear to oppose that application, and the Court must then and there set aside the finding of guilt or order, or dismissal, as the case may be, to which that application relates, on such terms and conditions as the Court thinks fit, or the Court may refuse to set aside that finding of guilt or order, or dismissal. (8) The Court may, in making a determination under subsection (7), make such order as to costs as it thinks fit. (9) Where an application referred to in subsection (1) relates to a finding of guilt or order against the applicant and the finding of guilt or order imposed a sentence of imprisonment but that applicant was, under subsection (3), granted bail in accordance with the Bail Act 1982 and the Court, in determining under subsection (7) the application: (a) refuses, under subsection (7)(a), that application; or (b) refuses, under subsection (7)(b), to set aside that finding of guilt or order, it must order the return of the applicant to custody according to the finding of guilt or order to which that application relates.