Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) Where a summons has been issued under section 57(2) and a finding of guilt has been recorded in the absence of the defendant, the defendant may, within 7 days after service upon him of a notice under section 57C, serve either personally or by post on the clerk of the Court in which the finding of guilt was recorded a notice requiring further consideration of the complaint upon which the finding of guilt was recorded.
(2) Upon service of a notice under subsection (1), no proceedings shall be taken to enforce the finding of guilt or any order made thereon until after the proceedings consequent upon that notice have been completed.
(3) As soon as is practicable after service on him of a notice under subsection (1), the clerk of the Court so served shall fix a time and place for the further consideration of the complaint and, by notice served personally or by post, notify the complainant and defendant of the time and place so fixed.
(4) On the day fixed under subsection (3), the Court (which need not be formed by the same persons who formed the Court which recorded the finding of guilt in the first place):
(a) may quash the finding of guilt and vacate any orders made thereon if it is satisfied that the summons first issued on the complaint did not come to the notice of the defendant a reasonable time before the date appointed by the summons for the hearing; and
(b) direct that the complaint shall be reheard at a time and place then fixed by the Court; or
(c) confirm the finding of guilt and any orders made thereon.
(5) The Court before which a complaint is reheard in pursuance of a direction under subsection (4) has power to adjudicate thereon as if the rehearing was the first hearing of the complaint and the defendant had been personally served with a summons requiring his attendance on the day fixed by the direction.