South Australian Numbered Acts

STATUTES AMENDMENT (EXPIATION OF OFFENCES) ACT 2003 (NO 53 OF 2003) - SECT 12

12—Amendment of section 52—Limitation on time in which proceedings may be commenced

        (1)         Section 52(a)(i)—delete "(whether or not the notice was subsequently withdrawn)"

        (2)         Section 52—after its present contents as amended by this section (now to be designated as subsection (1)) insert:

        (2)         For the purposes of subsection (1), an expiation notice is to be taken into account despite its subsequent withdrawal except if the notice of withdrawal specifies that it is withdrawn because—

            (a)         the issuing authority has received a statutory declaration or other document sent to the authority by the alleged offender in accordance with a notice required by law to accompany the expiation notice or expiation reminder notice; or

            (b)         it has become apparent that the alleged offender did not receive the notice until after the expiation period, or has never received it, as a result of error on the part of the authority or failure of the postal system,

(in which case the withdrawn expiation notice is to be disregarded).