South Australian Numbered Acts

STATUTES AMENDMENT (EXPIATION OF OFFENCES) ACT 2003 (NO 53 OF 2003) - SECT 9

9—Amendment of section 16—Withdrawal of expiation notices

        (1)         Section 16(1)(a)—after "opinion" insert:

that the alleged offender did not commit the offence, or offences, or

        (2)         Section 16(1)—after paragraph (a) insert:

            (ab)         the authority receives 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

            (ac)         the notice is defective; or

        (3)         Section 16(8)—delete subsection (8)

        (4)         Section 16—after subsection (9) insert:

        (10)         The notice of withdrawal must specify the reason for withdrawal.

        (11)         If an expiation notice is withdrawn under this section and the notice of withdrawal does not specify that the notice is withdrawn for the purposes of prosecuting the alleged offender—

            (a)         the issuing authority must, if a certificate has been sent to the Court under section 13 for enforcement of the notice, inform the Court of the withdrawal of the notice; and

            (b)         any enforcement order made under this Act in respect of the notice and all subsequent orders made under Division 3 of Part 9 of the Criminal Law (Sentencing) Act 1988 will be taken to have been revoked; and

            (c)         the issuing authority cannot prosecute the alleged offender for an alleged offence to which the withdrawal related unless the alleged offender has been given a fresh expiation notice and allowed the opportunity to expiate the offence.

        (12)         If an expiation notice for an offence against section 79B of the Road Traffic Act 1961 is withdrawn and the notice of withdrawal specifies that the notice is withdrawn under subsection (1)(ab), the period within which—

            (a)         a fresh expiation notice may be given to the alleged offender in respect of the offence; or

            (b)         an expiation notice may be given in respect of the prescribed offence (within the meaning of that section) that gave rise to the offence,

is extended to 1 year from the date of commission of the alleged offence.

        (13)         If an expiation notice is withdrawn and the notice of withdrawal specifies that the notice is withdrawn under subsection (6), the period within which a fresh expiation notice may be given to the alleged offender in respect of the offence or offences to which the withdrawal related is extended to 1 year from the date of commission of the alleged offence or offences.