EXPIATION OF OFFENCES VARIATION REGULATIONS 2005 (NO 255 OF 2005)

South Australian Numbered Regulations

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EXPIATION OF OFFENCES VARIATION REGULATIONS 2005 (NO 255 OF 2005) - REG 10

10—Substitution of Schedule

Schedule—delete the Schedule and substitute:

Schedule 1—Forms

1—Expiation notice

(1) The prescribed form for an expiation notice is a form that complies with the following requirements:

(a) the form must include a heading identifying it as an expiation notice under the Expiation of Offences Act 1996 ;

(b) the form must specify—

(i) the expiation notice number; and

(ii) the date of issue of the expiation notice; and

(iii) the name of the issuing officer or a code enabling the issuing authority to identify the issuing officer;

(i) —

(A) if the notice is to be addressed to the person as the owner or driver of a vehicle without naming or otherwise identifying the person—the vehicle registration number;

(B) in any other case—the name and address of the person; and

(ii) the general nature of the alleged offence or offences; and

(iii) the time or times and date or dates of the alleged offence or offences (but if the time or date is the same as that of the notice, the time and date need not be separately identified); and

(iv) the place or places at which the alleged offence or offences were committed;

(d) the form must inform the person that the offence or offences may be expiated and specify—

(i) the amount of the expiation fee for each offence; and

(ii) if a levy is payable, the amount of the levy for each offence; and

(iii) the total amount payable; and

(iv) to whom the amount must be paid; and

(v) the date by which the amount must be paid;

(e) the form must include a statement of the choices available to the alleged offender, for example—

YOUR CHOICES:

You may on or before the due date for payment—

•

Dispute the allegation that you committed the offence(s) (or any of them) and elect to be prosecuted for that offence (or offences).

If you elect to be prosecuted, you may get a summons. The summons will set out when and where to attend court.

•

Pay the total amount due for all offence(s) not disputed (including levies).

•

Apply to the court to pay the amount of the fee(s) in instalments or for an extension of time in which to pay it.

You may make an application only if you owe $50 or more in expiation fees (including fees under other notices). Obtain an application form from the Registrar of the Magistrates Court or Youth Court. The Registrar must be satisfied that payment of the fee(s) would cause you or your dependants hardship.

•

If you think the offence(s) (or any of them) was trifling—apply to the [issuing authority] for a review of the expiation notice (for special meaning of trifling see section 4(2) Expiation of Offences Act 1996).

If applicable:

•

If the offence(s) (or any of them) is a parking or traffic offence and you were not driving at the time of the alleged offence—send the [issuing authority] a statutory declaration stating the name and address of the driver or, if you had by the time of the offence transferred ownership of the vehicle, the owner.

(f) the form must include a statement of the outcome if no choice is made by the alleged offender, for example—

If no choice is made for an offence, 1 reminder notice will be sent (a reminder fee will apply). After that, you may (without a court hearing) be convicted of the offence and the unpaid fee will be your fine. Court costs will be added .

(2) The notice may include payment details, a payment slip for use if the alleged offender wishes to expiate the offence, instructions for completion, contact details for the obtaining of further information, or other information considered relevant by the issuing authority (and the information may be interspersed with the statements required to be included in the notice).

Note—

Under section 6(1)(k) of the Act, the expiation notice is required to 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 notice relates—see clause 4.

Certain Acts require—

(a) 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; and

(b) that an expiation notice given to a person named as the alleged driver in a statutory declaration must be accompanied by a notice setting out particulars of the statutory declaration that named the person as the alleged driver (excluding the address of the person who provided the statutory declaration).

2—Expiation reminder notice

(1) The prescribed form for an expiation reminder notice is a form that complies with the following requirements:

(a) the form must include a heading identifying it as an expiation reminder notice under the Expiation of Offences Act 1996 ;

(b) the form must specify—

(i) the expiation notice number; and

(ii) the date of issue of the expiation notice; and

(iii) the date of the reminder notice;

(i) the name and address of the person; and

(ii) if the expiation notice was addressed to the person as the owner or driver of a vehicle without naming or otherwise identifying the person—the vehicle registration number; and

(iii) the general nature of the alleged offence or offences; and

(iv) the time or times and date or dates of the alleged offence or offences; and

(v) the place or places at which the alleged offence or offences were committed;

(d) the form must inform the person that the offence or offences may be expiated and specify—

(i) the amount of the expiation fee for each offence; and

(ii) if a levy is payable, the amount of the levy for each offence; and

(iii) the amount of the reminder notice fee; and

(iv) the total amount payable; and

(v) to whom the amount must be paid; and

(vi) the date by which the amount must be paid;

(e) the form must include a statement of the choices available to the alleged offender, for example—

YOUR CHOICES:

You may on or before the due date for payment:

•

Dispute the allegation that you committed the offence(s) (or any of them) and elect to be prosecuted for that offence (or offences).

If you elect to be prosecuted, you may get a summons. The summons will set out when and where to attend court.

•

Pay the total amount due for all offence(s) not disputed (including levies and reminder notice fees).

•

Apply to the court to pay the amount of the fee(s) in instalments or for an extension of time in which to pay it.

You may make an application only if you owe $50 or more in expiation fees (including fees under other notices). Obtain an application form from the Registrar of the Magistrates Court or Youth Court. The Registrar must be satisfied that payment of the fee(s) would cause you or your dependants hardship.

•

If you think the offence(s) (or any of them) was trifling—apply to the [issuing authority] for a review of the expiation notice (for special meaning of trifling see section 4(2) Expiation of Offences Act 1996).

If applicable:

•

If the offence(s) (or any of them) is a parking or traffic offence and you were not driving at the time of the offence—send the [issuing authority] the enclosed statutory declaration stating the name and address of the driver or, if you had by the time of the offence transferred ownership of the vehicle, the owner.

(f) the form must include a statement of the outcome if no choice is made by the alleged offender, for example—

If no choice is made for an offence, you may (without a court hearing) be convicted of the offence and the unpaid fee will be your fine. Court costs will be added .

Note—

Under section 11(1a)(b) of the Act, the expiation reminder notice is required to be accompanied by—

(a) 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 notice relates—see clause 4; and

(b) if the notice is issued to the owner of a motor vehicle involved in the alleged offence and the expiation reminder notice is required to be accompanied by a notice relating to the owner sending the issuing authority a statutory declaration—a form suitable for use as a statutory declaration.

3—Expiation enforcement warning notice

(1) The prescribed form for an expiation enforcement warning notice is a form that complies with the following requirements:

(a) the form must include a heading identifying it as an expiation enforcement warning notice under the Expiation of Offences Act 1996 ;

(b) the form must specify—

(i) the expiation notice number; and

(ii) the date of issue of the expiation notice; and

(iii) the date of the expiation enforcement warning notice;

(i) the name and address of the person; and

(ii) if the expiation notice was addressed to the person as the owner or driver of a vehicle without naming or otherwise identifying the person—the vehicle registration number; and

(iii) the general nature of the alleged offence or offences; and

(iv) the time or times and date or dates of the alleged offence or offences; and

(v) the place or places at which the alleged offence or offences were committed;

(d) the form must inform the person that the offence or offences may be expiated and specify—

(i) the amount of the expiation fee for each offence; and

(ii) if a levy is payable, the amount of the levy for each offence; and

(iii) if a reminder notice has been issued, the amount of the reminder notice fee; and

(iv) the amount of the warning notice fee; and

(v) the total amount payable; and

(vi) to whom the amount must be paid; and

(vii) the date by which the amount must be paid;

(e) the form must include a statement that the statutory declaration or other document is not accepted by the authority as a defence to the alleged offence or offences, for example—

A statutory declaration or other document has been received from you in accordance with a notice that accompanied the expiation notice or expiation reminder notice for the specified offence(s).

However, the declaration or other document is not accepted as a defence to the alleged offence(s).

(f) the form must include a statement of the choices available to the alleged offender, for example—

YOUR CHOICES:

You may on or before the due date for payment—

•

Dispute the allegation that you committed the offence(s) (or any of them) and elect to be prosecuted for that offence (or offences).

If you elect to be prosecuted, you may get a summons. The summons will set out when and where to attend court.

•

Pay the total amount due for all offence(s) not disputed (including levies, warning notice fees and reminder notice fees).

•

Apply to the court to pay the amount of the fee(s) in instalments or for an extension of time in which to pay it.

You may make an application only if you owe $50 or more in expiation fees (including fees under other notices). Obtain an application form from the Registrar of the Magistrates Court or Youth Court. The Registrar must be satisfied that payment of the fee(s) would cause you or your dependants hardship.

•

If you think the offence(s) (or any of them) was trifling—apply to the [issuing authority] for a review of the expiation notice (for special meaning of trifling see section 4(2) Expiation of Offences Act 1996).

(g) the form must include a statement of the outcome if no choice is made by the alleged offender, for example—

If no choice is made for an offence, you may (without a court hearing) be convicted of the offence and the unpaid fee will be your fine. Court costs will be added .

(2) The notice may include payment details, a payment slip for use if the alleged offender wishes to expiate the offence, instructions for completion, a statement of the reasons for non-acceptance of the statutory declaration or other document, contact details for the obtaining of further information, or other information considered relevant by the issuing authority (and the information may be interspersed with the statements required to be included in the notice).

Note—

Under section 11A(2)(c) of the Act, the expiation enforcement warning notice is required to 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 notice relates—see clause 4.

4—Election to be prosecuted

(1) The prescribed form for a notice by which an alleged offender may elect to be prosecuted for the offence or any of the offences to which an expiation notice relates is a form that provides for:

(a) the inclusion of—

(i) the name and address of the alleged offender; and

(ii) the number of the expiation notice; and

(b) a means of identifying the offence or offences for which the alleged offender elects to be prosecuted; and

(2) The notice—

(a) may be combined with a payment slip for use if the person wishes to expiate the offence; and

(b) may include an invitation to provide reasons for disputing the offence, instructions for completion, or other information considered relevant by the issuing authority.

(3) For the purposes of section 8 of the Act, the prescribed form is a completed form of the kind referred to in subclause (1).

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978 , the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

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YOUR CHOICES:
You may on or before the due date for payment—
•	Dispute the allegation that you committed the offence(s) (or any of them) and elect to be prosecuted for that offence (or offences).
		If you elect to be prosecuted, you may get a summons. The summons will set out when and where to attend court.
•	Pay the total amount due for all offence(s) not disputed (including levies).
•	Apply to the court to pay the amount of the fee(s) in instalments or for an extension of time in which to pay it.
		You may make an application only if you owe $50 or more in expiation fees (including fees under other notices). Obtain an application form from the Registrar of the Magistrates Court or Youth Court. The Registrar must be satisfied that payment of the fee(s) would cause you or your dependants hardship.
•	If you think the offence(s) (or any of them) was trifling—apply to the [issuing authority] for a review of the expiation notice (for special meaning of trifling see section 4(2) Expiation of Offences Act 1996).
If applicable:
•	If the offence(s) (or any of them) is a parking or traffic offence and you were not driving at the time of the alleged offence—send the [issuing authority] a statutory declaration stating the name and address of the driver or, if you had by the time of the offence transferred ownership of the vehicle, the owner.