South Australian Current Acts

EXPIATION OF OFFENCES ACT 1996 - SECT 8

8—Alleged offender may elect to be prosecuted etc

        (1)         An alleged offender may, by notice in the prescribed form given personally or by post to the issuing authority, elect to be prosecuted for the offence or any of the offences to which the expiation notice relates.

        (2)         An election to be prosecuted for an offence cannot be made after—

            (a)         if the alleged offender enters into an arrangement under section 20 of the Fines Enforcement and Debt Recovery Act 2017 —the day on which the arrangement is entered into; or

            (b)         in any other case—the day on which an enforcement determination is made under section 22 of the Fines Enforcement and Debt Recovery Act 2017 in relation to the expiation notice.

        (2a)         However, if an enforcement determination made under section 22 of the Fines Enforcement and Debt Recovery Act 2017 is revoked on the ground that the alleged offender had not had a reasonable opportunity to elect under this section to be prosecuted for an offence to which the expiation notice relates, an election to be prosecuted for the offence may be made within 14 days of the alleged offender being notified of the revocation.

        (3)         If an election is made under this section, the expiation notice will be taken to have been withdrawn in respect of the offence to which the election relates.