South Australian Current Acts South Australian Current Acts (1) If, by the end of
the expiation period, an alleged offender has neither paid the expiation fee
nor entered into an arrangement under section 20 of the
Fines Enforcement and Debt Recovery Act 2017 and the issuing authority
has not received a nomination, statutory declaration or other document sent to
the authority by the alleged offender in accordance with a notice required by
law to accompany the expiation notice, the issuing authority must, before it
takes any action under this Act or the Fines Enforcement and Debt Recovery
Act 2017 to enforce the expiation notice, give an expiation reminder
notice, in the prescribed form, to the alleged offender.
(1a) An expiation
reminder notice—
(a) must
specify the amount of the expiation fee and to whom the expiation fee is
payable; and
(b) must
be accompanied by—
(i)
a notice in the prescribed form by which the alleged
offender may elect to be prosecuted for the offence or any of the offences to
which the notice relates; and
(ii)
if the notice is issued to the owner of a motor vehicle
involved in the alleged offence and the expiation reminder notice is required
to be accompanied by a notice relating to the owner sending the
issuing authority a nomination, statutory declaration or other
document—a form suitable for use as the nomination, statutory
declaration or other document (as the case may require).
Note—
Certain other Acts and regulations (eg the Local Government Act 1934
section 789D and the Road Traffic Act 1961 section 174A)
require that the expiation reminder notice sent to the registered owner of a
motor vehicle must be accompanied by a notice relating to the question of
whether the owner was the driver at the time of the alleged offence.
(3) If a reminder
notice is given to an alleged offender, the prescribed reminder notice fee
will be added to the unpaid expiation fee and, for the purposes of this Act
and the Fines Enforcement and Debt Recovery Act 2017 , forms part of
that fee.