Expiation of Offences Act 1987 (SA)

(Reprint No. 1)

SOUTH AUSTRALIA

EXPIATION OF OFFENCES ACT, 1987

This Act is reprinted pursuant to the Acts Republication Act, 1967, and incorporates

all amendments in force as at I July 1991.

It should be noted that the Act was not revised (for obsolete references, etc.) by the

Commissioner of Statute Revision prior to the publication of this reprint.

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11	Expiation of Offences Act. 1987	---
SUMMARY OF PROVISIONS
Secrion

I.           Short title

2. Commencement

3.           Preliminary

1. Exviation notice mav be issued

5.           Effect of expiation '

6. Expiation notice may be withdrawn

7. Expiation Fees payable as fines

8.           Non-derogation

SCHEDULE

EXPIATION OF OFFENCES ACT, 1987

being

Expiation of Offences Act. 1987. No. 85 of 1987 [Assented to 3 December 19871'

as amended by

Pastoral Land Management and Conservation Act, 1989. No. 51 of 1989 [Assented to 7 September 1989)"

South Austraiian Metropolitan Fire Service (Miscellaneous Powers) Amendment Act 1991 No. 32 of lY9l [Assented to

24 April 199113

An Act to provide for the expiation of minor offences.

The Parliament of South Australia enacts as follows:

Short title

1. This Act may be cited as the Expiation of Offences Act, 1987.

Commencement

2. This Act will come into operation on a day to be fixed by proclamation.

Preliminary

3.  In this Act, unless the contrary intention appears-

"child", in relation to an offence, means a person who was under the age of 16

years at the time the offence is alleged to have been committed:

"expiable offence" means an offence designated by the schedule as an expiable

offence for the purposes of this Act:

"expiation fee", in relation to an expiable offence, means the expiation fee fixed by

the schedule for that offence:

"expiation notice" means a notice under this Act for the expiation of an expiable

offence:

"responsible statutory authority", in relation to an Act, means-

(a) the Minister responsible for the administration of that Act;

or

'Came into operation 1 August 1988: Gar. 2 June 1988, p. 1798.

"ame	into operation (except 5. 12(2)-(8)) 7 March 1990: s. 2(1); s. 12(2)-(8) will come inlo operation 7 September 1995:
5. 2(2).

'Came into operation 1 June 1991: Gaz. 9 May 1991. p. 1484.

2                                                Expiation of Offences Act, 1987

(b) the Chief Executive Officer of an administrative unit under the

Government Management and Employment Act, 1985, to whom the

Minister has delegated his or her power to issue expiation notices in relation to expiable offences against that Act.

Expiation notice may be issued

4. (1) Subject to this Act, if a person is alleged to have committed an expiable offence, or a number of expiable offences arising out of the same incident, then, before a prosecution is commenced, an expiation notice may be given to the alleged offender stating that the offence or offences may be expiated by payment of the expiation fee or fees to a specified officer of the State before the expiration of 60 days from the date of the notice.

(2) For the purposes of subsection (I), two or more offences arise out of the same incident if they are committed contemporaneously, or in succession, one following immediately upon another.

(3) An expiation notice-

(a) must be in a form approved by the Minister;

(b) may relate to no more than three offences;

(c) may not be given to a child;

(d) where a vehicle is involved in the commission of the offence or offences and is

found unattended-may be addressed to the owner or driver of the vehicle

without naming or otherwise identifying him or her;

and

(e) may be given-

(i) personally;

(ii) by post addressed to the alleged offender's last known place of

business or resident;

or

(iii) where a vehicle is involved in the commission of the offence or

offences and is found unattended-by	affixing or placing the notice
on that vehicle.

(4) An expiation notice may only be issued by-

(a) a member of the police force;

or

(b) a responsible statutory authority for the Act against which the offence or

offences are alleged to have been committed.

Effect of expiation

5. (1) Subject to this Act, where the offence or offences to which an expiation notice

relates are expiated in accordance with the notice, the alleged offender is not liable to

prosecution for that offence o r those offences.

(2) Where-

(a) an expiation notice relates to more than one offence;

and

Expiation of Offences Act, 1987 3

(b) the alleged offender expiates one or more of those offences but not all of them,

the alleged offender is liable to prosecution for any offence that is not expiated.

(3) The payment of an expiation fee does not constitute an admission of guilt or of any civil liability and will not be regarded as evidence tending to establish guilt or any civil liability.

Expiation notice may be withdrawn

6. (1) The appropriate authority may withdraw an expiation notice if-

(a) the authority is of the opinion that the notice should not have been given;

(b) the authority decides that the alleged offender should be prosecuted for an

offence to which the notice relates.

(2) An expiation notice may be withdrawn under subsection (1) notwithstanding

payment of an expiation fee but in that event the expiation fee must be refunded.

(3) An expiation notice cannot be withdrawn under subsection (l)(b) after the

expiration of 60 days from the date of the notice.

(4) The withdrawal of an expiation notice under subsection (1) is effected by giving

written notice of the withdrawal, personally or by post, to the person to whom the

expiation notice was given.

( 5 ) Where an expiation notice is withdrawn, a prosecution for an offence to which

the notice related may be commenced, but the fact that the defendant paid an expiation

fee is not admissible in those proceedings as evidence against the defendant.

(6) In this section-

"appropriate authority", in relation to the withdrawal of an expiation notice,

means-

(a) if the notice was issued by a member of the police force-the

Commissioner of Police;

(b) in any other case-the Minister responsible for the administration of

the Act against which the offence to which the expiation notice

relates is alleged to have been committed.

Expiation fees payable as fines

7. Money received by way of expiation fees will be dealt with in the same way as

fines.

Non-derogation

8. This Act does not affect the operation of any other Act that provides for the

expiation of offences.

4 Expiation of Offences Act,1987

SCHEDULE

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Expiable Offence Expiation Fee

Commercial ,Motor Vehicles (Hours of Driving) Act, 1973

Section >-Exceeding hours of driving, but only in cases where it is alleged that the driver drove for

no more than 30 minutes overtime	$80
$50 $50 %50

Section 9-Various offences in relation to the possession of an authorized log book ................................ $50

Dangerow Substances Act, 1979

Section 11-Person acting without authority	$200
Regulations

Regulation 57-Contravening or failing to comply with regulations $100

Education Act, 1972

Section l03(5)-Failing to complete a return 5 100

Section 104-Insulting a teacher	$ I50
Regulations

Regulation 13(8)-Failing to comply with a regulation relating to vehicles on Departmental property. $50

Eafield General Cemetery Act, 1944

Regulations

Regulation 36-Any	breach of this regulatio	$20
Section 23-Keeping	of explosive	'6 i00
Regulations

Regulations 6.01-6.12-Packing and labelling-any breach of these regulations ......................................... $100

Regulations 14.01-14.35-Selling explosives-any breach of these regulations $100

Regulations 15.01-15.13-Miscellaneous-any breach of these regulation %I00

Financial institutions Duty Act, 1983

$ 100

$100

$ I00

$200

Section 67(1)-Failing	to keep, o r to retain, boo	$200
Section 68(7)-Failing	to comply with a require	$200

Section 159(l)-Failing to keep certain records $100 %80

Section 161(1) and (2)-Failing to keep notices, et $80

Section lOa(6)-Failing	to notify the Commissioner of an inaccuracy in a notice of exemption .............	$ I00
Section lOa(8)-Failing	to inform the Commissioner of certain matter	$ 100
Section 73(2)-Failing	to provide information	$100

Lifts and Cranes Act, 1985

Section 10(6)-Failing to notiiy the Chief Inspector $100

Section ll(7)-Failing to comply with a cond $200

Pastoral Land Management and Cowervation Act, 1989

Section 57-Misuse of pastoral land	$200
Section 63(1)-Windering or obstr	6 100

Section 63(2)-Addressing offensive language to person exercising powers under Act ........................... $ 100

Expiation of Offences Act, 1987 5

Expiable Otience Expiation Fee

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Pay-roll Tax Act, 1971

Secrion 28(1)-Failing	to give notice
Section 28(3)-Failing	to obtain ieav

this section ...................................................................................................................................................

Section 29(l)-Failing to notify the Commissioner

Section 38(l)(bj-

Public and Environmenral Health Act, 1987

Section l5(5)-Occupying premises in contravention of a directio . .

Section lh(1)-Causing or allowing an LnsanLtary condition

Section 17(2)-Failing to compiy with a notice

Section 18(4)-Failing to compiy with a notice

Section LO(1)-Failing to keep a private thoro

Section 19(3)-Failing	to comply with a notice ....................... ..	.................................................................
Section 20(2)-Failing	to comply with a notice

Section 20(4)-Failing to keep a building clean Section 4i(l)-Failing to provide information

South Aurtralian metropolitan Fire Service Act 1936

Section 58-Failing	to furnish a return or documen
Section 59-Failing	to allow an inspection of books

Section 60a-Failing to furnish a retur Section 70-Failing to give information

Stamp Duties Act, 1923

Section 3ld-Failing to register

Section 3If(l)(aj-Failing to lodge a statement

Section 3lj-Failing	to keep proper books and records in the State
Section 41-Failing	to take out an annual licence .........................................................................................

Section 42aa(I)-Failing to lodge a return

Section 76a(6)-Failing to lodge a return Section 90~11)-Failing to make a record Section QOc(6)-Failing to keep

Section 90d(i)-Failing to lodge a retur

Tobacco Products Control Act, 1986

Section 811)-Failing to display

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Section 8(2)-Failing to display

Section L2(i)-Smoking on a bu

Section 1311)-Smoking in a lift

Section 13(2)-Failing to displa	........................................................................................... ...
Unclaimed Moneys Act, 1891

Section 3-Failing	to keep a register in accordance with the Act
Section 4-Failing	to publish a registe

Section 22a(6)-Failing	to inform a relevant valuing authority o i certain matters ...............................	....
Section 22b(5)-Failing	to inform relevant valuing authority of certain matters ......................................

Section 28(4)-Failing to complete and return a for

West Terrace Cemetery Act, 1976

Regulations

Regulations 30-Exceeding speed limits within the cemeter

Regulation 31(b)-Bring certain animals into cemetery

Regulation 3i(c)-Soliciting business within the cemete

6 Expiation of Offences Act, 1987

APPENDIX

Legislative History

Schedule: amended by 51. 1989. Sched. (Div. 11): 32. 1991. Sched.