South Australian Current Acts

EXPIATION OF OFFENCES ACT 1996 - SECT 6

6—Expiation notices

        (1)         An expiation notice—

            (a)         may relate to up to 3 alleged offences arising out of the same incident (ie if they are committed contemporaneously, or in succession, one following immediately upon another); and

            (b)         must be in the prescribed form; and

            (c)         must specify that the expiation fee is to be paid within 28 days from (and including) the date of the notice unless an arrangement is entered into under section 20 of the Fines Enforcement and Debt Recovery Act 2017 ; and

            (d)         must specify to whom the expiation fee is payable; and

            (e)         cannot be given after the expiry of the period of 6 months from the date on which the offence was, or offences were, alleged to have been committed; and

            (f)         cannot be given to a person if a prosecution has been commenced against the person for the alleged offence or offences; and

            (g)         cannot (except where some other Act provides otherwise) be given to a child; and

            (h)         cannot, if the regulations or some other Act so provides in relation to a particular offence, be given to a person under the age of 18 years; and

            (ha)         should not be issued in respect of a trifling offence; and

                  (i)         if a vehicle is involved in the commission of the alleged offence or offences and is found unattended—may be addressed to the owner or driver of the vehicle without naming or otherwise identifying him or her; and

            (j)         may be given—

                  (i)         personally or by service on an employee or agent of the alleged offender; or

                  (ii)         by post addressed to the alleged offender's last known place of business or residence; or

                  (iii)         if a vehicle is involved in the commission of the alleged offence or offences and is found unattended—by affixing or placing the notice on that vehicle; and

            (k)         must be accompanied by 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 expiation notice relates.

Note—

Certain other Acts (eg the Local Government Act 1934 section 789D and the Road Traffic Act 1961 section 174A) require that an expiation notice given 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.

        (2)         If an expiation notice is served on an employee or agent of the alleged offender, the employee or agent must, as soon as is reasonably practicable after receiving the notice, give the notice to his or her employer or principal.

Maximum penalty: $50.

        (3)         An expiation notice may only be given by—

            (a)         a member of the police force; or

            (b)         a person who is authorised in writing by—

                  (i)         the Minister responsible for the administration of the Act against which the offence is alleged to have been committed; or

                  (ii)         the statutory authority or council responsible for the enforcement of the provision against which the offence is alleged to have been committed,

to give expiation notices for the alleged offence; or

            (c)         a person who is authorised to give expiation notices for the alleged offence by or under the Act against which the offence is alleged to have been committed.

        (4)         If an officer or employee of a council is authorised by or under an Act to exercise powers as an inspector (or other authorised person) for the purposes of the enforcement of a provision of that Act, the officer or employee—

            (a)         is authorised to give an expiation notice for an alleged offence against that provision; and

            (b)         in giving such a notice, will be taken to be doing so on behalf of the council.

        (5)         Subject to subsection (6), if an expiation notice is given to an alleged offender, no further expiation notice can be given to that person in respect of any other alleged expiable offence arising out of the same incident.

        (6)         If the expiation notice already given to the alleged offender relates to an offence, or offences, against the Road Traffic Act 1961 or the Motor Vehicles Act 1959 , a further expiation notice may be given to him or her in respect of an alleged offence against section 74, 75A, 81, 81A or 81AB of the Motor Vehicles Act 1959 .