Expiation of Offences Regulations 1996 (SA)
South Australia
Expiation of Offences Regulations 1996
under the Expiation of Offences Act 1996
Contents
1 Short title
4 Interpretation
5 Prescribed forms
7 Reminder notices
7A Expiation enforcement warning notices
8 Notices relating to more than 1 offence
9 Certificate for enforcement purposes
Schedule 1—Forms
1 Expiation notice
2 Expiation reminder notice
3 Expiation enforcement warning notice
4 Election to be prosecuted
Legislative history
1—Short title
These regulations may be cited as the Expiation of Offences Regulations 1996.
4—Interpretation
In these regulations—
Act means the Expiation of Offences Act 1996;
levy means the levy payable under the Victims of Crime Act 2001;
relevant motor vehicle register means—
(a)in the case of a vehicle registered in this State—the register kept under the Motor Vehicles Act 1959; or
(b)in the case of a vehicle registered in another State or a Territory of the Commonwealth—the corresponding register in that State or Territory.
5—Prescribed forms
(1)Schedule 1 prescribes forms for the purposes of the Act.
(2)Any statement relating to the choice available to an alleged offender of making an application to an issuing authority for a review of the expiation notice on the ground that an offence to which the notice relates is trifling need not be included in a form until 4 June 2006.
7—Reminder notices
(1)For the purposes of section 11(3) of the Act, the reminder notice fee is—
(a)$46; plus
(b)if a vehicle was involved in the alleged offence to which the expiation notice relates and a fee incurred for searching the relevant motor vehicle register—the fee for 1 such search.
7A—Expiation enforcement warning notices
For the purposes of section 11A of the Act, the warning notice fee is—
(a)$46; plus
(b)if—
(i)a vehicle was involved in the alleged offence to which the expiation notice relates and a fee incurred for searching the relevant motor vehicle register; and
(ii)an expiation reminder notice has not been issued to the alleged offender,
the fee for 1 such search.
8—Notices relating to more than 1 offence
(1)If an expiation reminder notice relates to more than one offence, the issuing authority must not accept payment unless it comprises the reminder notice fee (except if it is waived) plus the expiation fees and levies (if any) for all offences except any for which the alleged offender elects to be prosecuted.
(1a)If an expiation enforcement warning notice relates to more than 1 offence, the issuing authority must not accept payment unless it comprises the warning notice fee (except if it is waived) plus, if a reminder notice fee is payable, the reminder notice fee (except if it is waived) plus the expiation fees and levies (if any) for all offences except any for which the alleged offender elects to be prosecuted.
(2)However, failure to comply with subregulation (1) or subregulation (1a) does not affect the authority's right under the Act to enforce the notice in relation to any offence remaining unexpiated.
(3)If an order for relief is granted under section 9 of the Act in relation to an amount outstanding under an expiation reminder notice that relates to more than one offence, instalments paid under the order must be applied first in satisfaction of the reminder notice fee.
(3a)If an order for relief is granted under section 9 of the Act in relation to an amount outstanding under an expiation enforcement warning notice that relates to more than 1 offence, instalments paid under the order must be applied first in satisfaction of the warning notice fee and, if a reminder notice fee is payable, the reminder notice fee.
(4)For the purposes of an enforcement order made in relation to more than one offence, an outstanding reminder notice fee or warning notice fee will be added to the outstanding amount of the expiation fee for the first offence to which the order relates.
9—Certificate for enforcement purposes
For the purposes of section 13(1) of the Act, the certificate to be sent by the issuing authority to the Court must contain the following particulars:
(a)the identity of the issuing authority; and
(b)the name and address of the alleged offender; and
(c)the date on which the expiation notice was issued and the number of the notice; and
(d)the date on which a reminder notice (if any) was issued; and
(da)the date on which an expiation enforcement warning notice (if any) was issued; and
(e)the date of the certificate; and
(f)for each alleged offence that remains unexpiated—
(i)details of the offence, including the location, date and time of the offence and details identifying the category of offence; and
(ii)the outstanding amount of the expiation fee (with the outstanding amounts of a reminder notice fee or warning notice fee separately itemised); and
(iii)if a levy is payable in respect of the offence—a statement as to whether or not the levy has been paid; and
(iv)if the offence involved a vehicle—
(A)a statement as to whether the expiation notice was issued to a person in the capacity of registered owner or driver of the vehicle; and
(B)the vehicle registration number and the State or Territory in which the vehicle was registered at the time of the offence; and
(v)if the expiation notice was issued to a person in the capacity of driver of a vehicle—the class of driver's licence or permit (if any) held by the alleged offender, the number of the licence or permit and the State or Territory in which it was issued.
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;
(c)the form must contain an allegation that a person committed an offence or offences and specify—
(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;
(c)the form must contain an allegation that a person committed an offence or offences and specify—
(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.
(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 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;
(c)the form must contain an allegation that a person committed an offence or offences and specify—
(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
(c)the signing and dating of the notice by the alleged offender.
(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).
Legislative history
Notes
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations
The Expiation of Offences Regulations 1996 were revoked by Sch 2 of the Expiation of Offences Regulations 2011 on 1.9.2011.
Legislation revoked by principal regulations
The Expiation of Offences Regulations 1996 revoked the following:
All regulations previously made under the Expiation of Offences Act 1987
Principal regulations and variations
Year No Reference Commencement 1996 258 Gazette 23.12.1996 p2237 3.2.1997: r 2 1999 143 Gazette 1.7.1999 p55 1.7.1999: r 2 2000 11 Gazette 17.2.2000 p1028 6.3.2000: r 2 2005 255 Gazette 1.12.2005 p4124 4.12.2005: r 2 2005 278 Gazette 15.12.2005 p4362 15.12.2005: r 2 2010 267 Gazette 16.12.2010 p5730 1.1.2011: r 2 2011 80 Gazette 9.6.2011 p2112 1.7.2011: r 2 Provisions varied
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement rr 2 and 3 omitted under Legislation Revision and Publication Act 2002 4.12.2005 r 4 levy varied by 255/2005 r 4(1) 4.12.2005 relevant motor vehicle register inserted by 255/2005 r 4(2) 4.12.2005 r 5 r 5(1) r 5 varied by 11/2000 r 3 6.3.2000 r 5 substituted by 255/2005 r 5 4.12.2005 r 5 redesignated as r 5(1) by 278/2005 r 4 15.12.2005 r 5(2) inserted by 278/2005 r 4 15.12.2005 r 6 deleted by 11/2000 r 4(1) 6.3.2000 r 7 r 7(1) varied by 255/2005 r 6(1) 4.12.2005 varied by 267/2010 r 4 1.1.2011 varied by 80/2011 r 4 1.7.2011 r 7(2) deleted by 255/2005 r 6(2) 4.12.2005 r 7A inserted by 255/2005 r 7 4.12.2005 varied by 267/2010 r 5 1.1.2011 varied by 80/2011 r 5 1.7.2011 r 8 r 8(1a) inserted by 255/2005 r 8(1) 4.12.2005 r 8(2) varied by 255/2005 r 8(2) 4.12.2005 r 8(3) varied by 11/2000 r 5 6.3.2000 r 8(3a) inserted by 255/2005 r 8(3) 4.12.2005 r 8(4) varied by 255/2005 r 8(4) 4.12.2005 r 9 varied by 255/2005 r 9(1), (2) 4.12.2005 (g) deleted by 255/2005 r 9(3) 4.12.2005 Sch Form 1 varied by 11/2000 r 6(a) 6.3.2000 Form 2 varied by 11/2000 r 6(b) 6.3.2000 Form 3 varied by 11/2000 r 6(c) 6.3.2000 Form 4 varied by 11/2000 r 6(d) 6.3.2000 Form 5 varied by 11/2000 r 6(e) 6.3.2000 Form 6 varied by 143/1999 r 3 (Sch cl 8) 1.7.1999 varied by 11/2000 r 6(f) 6.3.2000 Form 7 varied by 11/2000 r 6(g) 6.3.2000 Form 8 varied by 11/2000 r 6(h) 6.3.2000 Form 9 varied by 11/2000 r 6(i) 6.3.2000 Form 10 varied by 11/2000 r 6(j) 6.3.2000 Form 11 varied by 11/2000 r 6(k) 6.3.2000 Form 12 varied by 143/1999 r 3 (Sch cl 8) 1.7.1999 varied by 11/2000 r 6(l) 6.3.2000 Form 13 varied by 11/2000 r 6(m) 6.3.2000 deleted by 255/2005 r 10 4.12.2005 Sch 1 inserted by 255/2005 r 10 4.12.2005 Transitional etc provisions associated with regulations or variations
No 11 of 2000
4—Revocation of reg. 6—Community service requirements
(1)Regulation 6 of the principal regulations is revoked.
(2)However, regulation 6 of the principal regulations continues to have force and effect, despite its revocation, in relation to an order for community service that was in force immediately before the commencement of these regulations.
Historical versions
Reprint No 1—6.3.2000 4.12.2005 15.12.2005 1.1.2011
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