South Australian Current Acts South Australian Current Acts5—Certain offences may be expiated
(1) If an expiation
fee is fixed by or under an Act, regulation or by-law in respect of an
offence, an expiation notice may be given under this Act to a person alleged
to have committed the offence and the alleged offence may accordingly be
expiated in accordance with this Act.
(2)
Subsection (1) applies in relation to offences committed before or after
the commencement of this Act.
(3) Subject to
subsection (4), a power under an Act to impose a penalty for the
contravention of a regulation or by-law will be taken to include the
power—
(a) to
provide that an alleged offence against the regulation or by-law may be
expiated in accordance with this Act; and
(b) to
fix for that purpose an expiation fee not exceeding—
(i)
if the maximum fine prescribed for the offence is
expressed as a divisional fine—a divisional expiation fee of the same
division; or
(ii)
in any other case—
(A) $315; or
(B) 25% of the maximum fine prescribed for
the offence,
whichever is the lesser.
(4) An offence against
a regulation or by-law that is an offence involving violence is not and cannot
be, despite subsection (3) or the provisions of any other Act, an
expiable offence.
Notes—
• Various other
Acts (eg the Controlled Substances Act 1984 ) provide that certain
offences may be expiated in accordance with this Act.
• Section 28A of
the Acts Interpretation Act 1915 sets out a scale of divisional expiation
fees for use when an expiation fee is expressed as a divisional fee (ie not in
dollars).