South Australian Current Acts

EXPIATION OF OFFENCES ACT 1996 - SECT 8A

8A—Review of notices on ground that offence is trifling

        (1)         A person who has been given an expiation notice issued after the commencement of this section may apply to the issuing authority for a review of the notice on the ground that an offence to which the notice relates is trifling.

        (2)         The issuing authority is not obliged to conduct an inquiry on the application but may require the applicant to provide further information.

        (3)         An issuing authority may require information contained in, or supporting, an application for review to be verified by statutory declaration.

        (4)         An application made under this section must be determined by the issuing authority before it can provide the Chief Recovery Officer with relevant particulars under section 22 of the Fines Enforcement and Debt Recovery Act 2017 in respect of the offence to which the application relates.

        (5)         If the issuing authority is satisfied that the offence is trifling, the authority must, by notice in writing given personally or by post to the alleged offender, withdraw the notice in respect of that offence.

        (6)         However, an expiation notice cannot be withdrawn under this section in respect of an offence if—

            (a)         any amount due under the notice in respect of that offence has been paid; or

            (b)         the alleged offender has entered into an arrangement under section 20 of the Fines Enforcement and Debt Recovery Act 2017 ; or

            (c)         an enforcement determination has been made under section 22 of the Fines Enforcement and Debt Recovery Act 2017 in relation to the expiation notice.

        (6a)         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 apply for review of the notice under this section, and the alleged offender makes an application under this section within 14 days of being notified of the revocation, the expiation notice may be withdrawn under this section.

        (7)         If an expiation notice is withdrawn under this section in respect of an offence, no further expiation notice may be issued in respect of that offence.