Local Government (Expiation of Offences) Regulations 1991 (SA)

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(Reprint No. 2)

SOUTH AUSTRALIA

LOCAL GOVERNMENT (EXPIATION OF OFFENCES)

REGULATIONS 1991

These regulations are reprinted pursuant to the Subordinate Legislation Act 1978 and incorporate all amendments in force as at 1 November 1996.

SUMMARY OF PROVISIONS

1.                Citation

2.                Commencement

3.                Revocation

4.                Interpretation

5.                Expiation—prescribed offences and fees

SCHEDULE

APPENDIX

LEGISLATIVE HISTORY

REGULATIONS UNDER THE LOCAL GOVERNMENT

ACT 1934

LOCAL GOVERNMENT (EXPIATION OF OFFENCES)

REGULATIONS 1991

being

No. 87 of 1991: Gaz. 27 June 1991, p. 20931

as varied by

No. 219 of 1993: Gaz. 30 September 1993, p. 14562 No. 217 of 1996: Gaz. 19 September 1996, p. 11973

1 Came into operation 5 August 1991: reg. 2

2 Came into operation 1 November 1993: reg. 2.

3 Came into operation 1 November 1996: reg. 2.

Citation

1. These regulations may be cited as the Local Government (Expiation of Offences)

Regulations 1991.

Commencement

2. These regulations will come into operation on 5 August 1991.

Revocation

3. The Local Government (By-Law and Other Offences Expiation Fees) Regulations 1979 (see

Gazette 24 May 1979 p. 1510), as varied, are revoked.

Interpretation

4. In these regulations, unless the contrary intention appears—

"the Act" means the Local Government Act 1934:

"the Parking Regulations" means the Local Government (Parking) Regulations 1991.

Expiation—prescribed offences and fees

5. (1) For the purposes of section 794a(1) of the Act—

(a)

anoffenceundertheActortheParkingRegulationsdescribedinthescheduleisa prescribed offence;

(b)

the amount set out in the schedule opposite the description of an offence is prescribed as the expiation fee in respect of that offence.

(2) For the purposes of section 794a(4a) of the Act, the fee for late payment of an expiation fee is $10 plus, where the council has searched the register kept under the Motor Vehicles Act 1959 to obtain information with respect to any motor vehicle involved in the commission of the offence to be expiated, the costs incurred by the council in making one such search.

SCHEDULE

Item

Description of offence

Expiation

fee $

1.           Offence under section 748a(1) of the Act (depositing litter, refuse, waste matter, goods,

etc., on a street, road or public place)

48

2.           Offence under section 782(1) of the Act (driving a vehicle, etc., over a footway or

lawn or garden in a street, etc.)

25

3. Offence under section 789b of the Act or regulation 29 of the Parking Regulations arising from a contravention of any of the following provisions of those regulations:

(a)

regulation 15(1) (No Standing zone)

33

(b)

regulation 15(2) (No Parking zone)

25

(c)

regulation 16 (loading zone)

20

(d)

regulation 17(1) (permit zone—disabled person’s parking permit)

50

(e)

regulation 17(2) (any other permit zone)

20

(f)

regulation 18(c), (d) (bus zone)

33

(g)

regulation 18(a), (b), (e), (f) (works, truck, taxi or mail zone)

20

(h)

regulation 19 (restricted parking zone or parking zone contrary to limitation)

20

(i)

regulation 20 (exceeding time limit)

11

(j)

regulation 21(1) (not angle parked)

20

(ja)

regulation 21(2) (long vehicle angle parked)

33

(k)

regulation 22(1) (non-payment of parking fee)

11

(l)

regulation 22(2)(a) (expired parking meter)

11

(m)

regulation 22(2)(b) (non-display of ticket)

11

(n)

regulation 23(1) (parking space already occupied)

20

(o)

regulation 23(2) (not wholly within parking space)

11

(p)

regulation 25(1) (public place other than road or carpark)

20

(q)

regulation 25(2)(a) (City of Adelaide Park Lands)

55

(r)

regulation 25(2)(b) (other park lands, plantation ornamental ground or reserve)

(s)

regulation 25(2)(c) (footpath)

25

(t)

regulation 25(2)(d) (traffic island)

33

(u)

regulation 26(1) (pedestrian crossing)

33

(v)

regulation 26(2) (railway crossing)

33

(w)

regulation 26(3) (traffic lights not at an intersection or junction)

33

(x)

regulation 26(4) (intersection or junction with traffic lights)

33

(y)

regulation 26(5) (intersection or junction without traffic lights)

33

(z)

regulation 26(7) (bus stop)

33

(zaa) regulation 26(7a) (post box)

33

(za)

regulation 26(8) (bridge or culvert)

33

(zb)

regulation 26(9) (traffic island protruding from footpath)

33

(zc)

regulation 26(10) (between parked vehicles and centre of road)

33

(zd)

regulation 27(1) (long vehicle)

33

(ze)

regulation 28(1) (not parallel parked)

33

(zf)

regulation 28(2) (motor cycle)

20

(zg)

regulation 28(3) (space between parked vehicles)

11

(zh)

regulation 28(4) (fire hydrant or fire plug)

11

(zi)

regulation 28(5) (entrance to public or private place)

25

(zj)

regulation 28(6) (access to zone)

25

(zk)

regulation 28(7) (works barricade)

11 17

4.

Offence under regulation 30 of the Parking Regulations (further offence)

11

5.

Offence under regulation 32 of the Parking Regulations (damaging devices, improper

operation of devices, interference with expiation notices, etc.)

33

6.

Offence under regulation 34(2) of the Parking Regulations (erasing marks on tyres,

etc.)

33

APPENDIX

LEGISLATIVE HISTORY

(entries in bold type indicate amendments incorporated since the last reprint)

Schedule

Clause 3

Paragraph (j):

substituted by 219 of 1993: reg 3(a)

Paragraph (ja):

inserted by 219, 1993, reg. 3(a)

Paragraph (zaa):

inserted by 217, 1996, reg. 3

Paragraph (zi):

substituted by 219, 1993, reg. 3(b)

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