South Australian Current Acts South Australian Current Acts (1) Subject to this
Act, if the offence, or offences, to which an expiation notice relates are
expiated in accordance with this Act, the alleged offender is not liable to
prosecution for that offence or those offences or any other expiable offence
arising out of the same incident.
(2) Subject to this
Act, if an expiation notice is given in respect of an offence, or offences,
arising out of the use of a motor vehicle and that offence, or those offences,
are expiated in accordance with this Act, no person is liable to prosecution
for that offence, or those offences, or any other expiable offence arising out
of the same incident except for an offence that is the subject of another
expiation notice.
(3) If—
(a) an
expiation notice relates to more than one offence; and
(b) the
alleged offender expiates one or more of those offences but not all of them,
the alleged offender is liable to prosecution for any offence that is not
expiated.
(4) The expiation of
an offence under this Act (or the entry into an arrangement under this Act or
the Fines Enforcement and Debt Recovery Act 2017 )—
(a) does
not constitute an admission of guilt or of any civil liability; and
(b) will
not be regarded as evidence tending to establish guilt or any civil liability;
and
(c)
cannot be referred to in any report furnished to a court for the purposes of
determining sentence for any offence.
(5) However, if
anything seized under an Act in connection with the alleged offence would be
liable to forfeiture in the event of a conviction or finding of guilt, that
thing is, on expiation of the alleged offence under this Act, forfeited to the
Crown.