South Australia
Expiation of Offences Act 1996
An Act to provide for the expiation of minor offences.

Contents
1	Short title
3	Application of Act
4	Interpretation
5	Certain offences may be expiated
6	Expiation notices
7	Payment by card
8	Alleged offender may elect to be prosecuted
8A	Review of notices on ground that offence is trifling
9	Options in cases of hardship
10	Review of cancellation of order for relief
11	Expiation reminder notices
11A	Expiation enforcement warning notices
12	Late payment
13	Enforcement procedures
14	Review of enforcement orders and effect on right of appeal against conviction
15	Effect of expiation
16	Withdrawal of expiation notices
17	Application of payments
18	Giving of certain notices and certificates
18A	Exercise of Registrar's powers
18B	Certain decisions not reviewable by a court
19	Non-derogation
20	Regulations
Legislative history

The Parliament of South Australia enacts as follows:
1—Short title
This Act may be cited as the Expiation of Offences Act 1996.
3—Application of Act
	(1)	This Act applies only in relation to an expiation notice issued after the commencement of this Act.
	(2)	The provisions of this Act relating to trifling offences do not apply to offences of a class prescribed by regulation.
4—Interpretation
	(1)	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;
council means a council established under the Local Government Act 1934 and includes a controlling authority established under that Act;
Court means—
	(a)	in relation to an expiation notice issued to a person who was under the age of 18 years at the time of the alleged offence—the Youth Court;
	(b)	in relation to any other expiation notice—the Magistrates Court;
expiation period means the period specified in an expiation notice for payment of the expiation fee;
issuing authority means—
	(a)	if an expiation notice is given by a member of the police force—the Commissioner of Police;
	(b)	in any other case—the Minister, statutory authority or council on whose behalf an expiation notice is given;
the Manager, Penalty Management means the person holding or acting in the office of Manager, Penalty Management under the Magistrates Court Act 1991;
Registrar means—
	(a)	in relation to an expiation notice issued to a person who was under the age of 18 years at the time of the alleged offence—Registrar of the Youth Court;
	(b)	in relation to any other expiation notice—Registrar as defined in the Magistrates Court Act 1991.
	(2)	An alleged offence will, for the purposes of this Act, be regarded as trifling if, and only if, the circumstances surrounding the commission of the offence were such that the alleged offender ought to be excused from being given an expiation notice on the ground that—
	(a)	there were compelling humanitarian or safety reasons for the conduct that allegedly constituted the offence; or
	(b)	the alleged offender could not, in all the circumstances, reasonably have averted committing the offence; or
	(c)	the conduct allegedly constituting the offence was merely a technical, trivial or petty instance of a breach of the relevant enactment.
5—Certain offences may be expiated
	(1)	If an expiation fee is fixed by or under an Act, regulation or by-law in respect of an offence, an expiation notice may be given under this Act to a person alleged to have committed the offence and the alleged offence may accordingly be expiated in accordance with this Act.
Note—
The Criminal Injuries Compensation Act 1978 section 13(5) provides that an offence is not expiated until the levy imposed by that Act is paid.
	(2)	Subsection (1) applies in relation to offences committed before or after the commencement of this Act.
	(3)	Subject to subsection (4), a power under an Act to impose a penalty for the contravention of a regulation or by-law will be taken to include the power—
	(a)	to provide that an alleged offence against the regulation or by-law may be expiated in accordance with this Act; and
	(b)	to fix for that purpose an expiation fee not exceeding—
	(i)	if the maximum fine prescribed for the offence is expressed as a divisional fine—a divisional expiation fee of the same division; or
	(ii)	in any other case—
	(A)	$315; or
	(B)	25% of the maximum fine prescribed for the offence,
whichever is the lesser.
	(4)	An offence against a regulation or by-law that is an offence involving violence is not and cannot be, despite subsection (3) or the provisions of any other Act, an expiable offence.
Notes—
	•	Various other Acts (eg the Controlled Substances Act 1984) provide that certain offences may be expiated in accordance with this Act.
	•	Section 28A of the Acts Interpretation Act 1915 sets out a scale of divisional expiation fees for use when an expiation fee is expressed as a divisional fee (ie not in dollars).
6—Expiation notices
	(1)	An expiation notice—
	(a)	may relate to up to 3 alleged offences arising out of the same incident (ie if they are committed contemporaneously, or in succession, one following immediately upon another); and
	(b)	must be in the prescribed form; and
	(c)	must specify that the expiation fee is to be paid within 28 days from (and including) the date of the notice; and
	(d)	must specify to whom the expiation fee is payable; and
	(e)	cannot be given after the expiry of the period of 6 months from the date on which the offence was, or offences were, alleged to have been committed; and
	(f)	cannot be given to a person if a prosecution has been commenced against the person for the alleged offence or offences; and
	(g)	cannot (except where some other Act provides otherwise) be given to a child; and
	(h)	cannot, if the regulations or some other Act so provides in relation to a particular offence, be given to a person under the age of 18 years; and
	(ha)	should not be issued in respect of a trifling offence; and
	(i)	if a vehicle is involved in the commission of the alleged 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
	(j)	may be given—
	(i)	personally or by service on an employee or agent of the alleged offender; or
	(ii)	by post addressed to the alleged offender's last known place of business or residence; or
	(iii)	if a vehicle is involved in the commission of the alleged offence or offences and is found unattended—by affixing or placing the notice on that vehicle; and
	(k)	must 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 expiation notice relates.
Note—
Certain other Acts (eg the Local Government Act 1934 section 789D and the Road Traffic Act 1961 section 174A) require 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.
	(2)	If an expiation notice is served on an employee or agent of the alleged offender, the employee or agent must, as soon as is reasonably practicable after receiving the notice, give the notice to his or her employer or principal.
Maximum penalty: $50.
	(3)	An expiation notice may only be given by—
	(a)	a member of the police force; or
	(b)	a person who is authorised in writing by—
	(i)	the Minister responsible for the administration of the Act against which the offence is alleged to have been committed; or
	(ii)	the statutory authority or council responsible for the enforcement of the provision against which the offence is alleged to have been committed,
to give expiation notices for the alleged offence; or
	(c)	a person who is authorised to give expiation notices for the alleged offence by or under the Act against which the offence is alleged to have been committed.
	(4)	If an officer or employee of a council is authorised by or under an Act to exercise powers as an inspector (or other authorised person) for the purposes of the enforcement of a provision of that Act, the officer or employee—
	(a)	is authorised to give an expiation notice for an alleged offence against that provision; and
	(b)	in giving such a notice, will be taken to be doing so on behalf of the council.
	(5)	Subject to subsection (6), if an expiation notice is given to an alleged offender, no further expiation notice can be given to that person in respect of any other alleged expiable offence arising out of the same incident.
	(6)	If the expiation notice already given to the alleged offender relates to an offence, or offences, against the Road Traffic Act 1961 or the Motor Vehicles Act 1959, a further expiation notice may be given to him or her in respect of an alleged offence against section 74, 75A, 81, 81A or 81AB of the Motor Vehicles Act 1959.
7—Payment by card
Any amount payable under an expiation notice may be paid by using a credit card, charge card or debit card, if facilities for their use are available at the place at which the payment is to be made.
8—Alleged offender may elect to be prosecuted
	(1)	An alleged offender may, by notice in the prescribed form given personally or by post to the issuing authority, elect to be prosecuted for the offence or any of the offences to which the expiation notice relates.
	(2)	An election to be prosecuted for an offence cannot be made after—
	(a)	if the alleged offender is granted an order for relief under section 9—the granting of the order;
	(b)	in any other case—the making of an enforcement order under section 13 in respect of the offence.
	(3)	If an election is made under this section, the expiation notice will be taken to have been withdrawn in respect of the offence to which the election relates.
8A—Review of notices on ground that offence is trifling
	(1)	A person who has been given an expiation notice issued after the commencement of this section may apply to the issuing authority for a review of the notice on the ground that an offence to which the notice relates is trifling.
	(2)	The issuing authority is not obliged to conduct an inquiry on the application but may require the applicant to provide further information.
	(3)	An issuing authority may require information contained in, or supporting, an application for review to be verified by statutory declaration.
	(4)	An application made under this section must be determined by the issuing authority before it can issue a certificate for an enforcement order in respect of the offence to which the application relates.
	(5)	If the issuing authority is satisfied that the offence is trifling, the authority must, by notice in writing given personally or by post to the alleged offender, withdraw the notice in respect of that offence.
	(6)	However, an expiation notice cannot be withdrawn under this section in respect of an offence if—
	(a)	any amount due under the notice in respect of that offence has been paid; or
	(b)	an application for relief has been made under this Act in respect of the notice; or
	(c)	a certificate for an enforcement order has been issued by the authority in respect of the offence.
	(7)	If an expiation notice is withdrawn under this section in respect of an offence, no further expiation notice may be issued in respect of that offence.
9—Options in cases of hardship
	(1)	A person who has been given an expiation notice may apply to a Registrar for relief under this section.
	(2)	An application under this section must be in the form approved by the Minister and the information it contains must be verified by statutory declaration.
	(3)	The Registrar is not obliged to conduct an inquiry on the application, but may require the applicant to provide further information or records.
	(4)	If the Registrar is satisfied that the applicant or his or her dependants would suffer hardship if the expiation fee under the notice were to be paid in full, the Registrar may make an order permitting the applicant—
	(a)	to pay the fee to the Registrar in instalments; or
	(b)	an extension of time (not exceeding 6 months) within which to pay the fee.
	(5)	For the purposes of making an order under this section, the Registrar may aggregate the fees under any number of expiation notices given to the alleged offender, whether by the same issuing authority or not.
	(6)	The Registrar—
	(a)	cannot make an order for relief if an enforcement order has been made under this Act in respect of the expiation notice; and
	(b)	cannot make an order for payment by instalments if the amount of the expiation fee (or the total amount of fees when aggregated) is less than $50; and
	(c)	should not grant an extension of time to pay if the alleged offender is, without the offender or his or her dependants suffering hardship, able to pay the due amount in instalments of a reasonable amount.
	(9)	The Registrar must, on making a decision on an application for relief—
	(a)	give the applicant, personally or by post, written notice of the decision; and
	(b)	if an order for relief is made, give written notice of the order to the relevant issuing authority.
	(10)	A decision of a Registrar made on an application for relief is not subject to appeal.
	(11)	An order under this section remains in force until discharged or cancelled, despite the fact that the time for commencement of a prosecution for the offence or offences to which the order relates has expired.
	(12)	If a person contravenes or fails to comply with an order under this section, a Registrar may, by notice in writing given personally or by post to that person, cancel the order.
	(13)	If an order for payment of an amount in instalments is cancelled, the whole of the balance of the amount becomes liable to enforcement action under this Act.
	(14)	The Registrar must give written notice of the cancellation to the relevant issuing authority.
	(15)	If a person complies with an order for payment in instalments, or pays to a Registrar at any time the amount then outstanding, the order is discharged and the offence, or offences, to which it related will be taken to be expiated.
Note—
The Criminal Injuries Compensation Act 1978 section 13(5) provides that an offence is not expiated until the levy imposed by that Act is paid.
	(17)	A Registrar must give written notice of the discharge of an order under this section to the relevant issuing authority.
10—Review of cancellation of order for relief
	(1)	A decision of the Registrar to cancel an order for relief is not subject to appeal, but the person the subject of the order may apply to the Court for a review of the decision within 30 days of being given notice of the cancellation.
	(2)	The Court may entertain an application made out of time if it thinks that good reason exists for doing so.
	(3)	The Court is not obliged to conduct an inquiry on the application, but may require the applicant to provide further information or records.
	(4)	The Court, after reviewing the decision of the Registrar, may—
	(a)	confirm the decision;
	(b)	revoke the decision;
	(c)	make any ancillary order.
	(5)	A decision of the Court made on a review is not subject to appeal.
11—Expiation reminder notices
	(1)	If, by the end of the expiation period, an alleged offender has neither paid the expiation fee nor been granted relief under this Act and the issuing authority has not received 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, the issuing authority must, before it takes any action under this Act to enforce the expiation notice, send an expiation reminder notice, in the prescribed form, to the alleged offender by post.
	(1a)	An expiation reminder notice—
	(a)	must specify the amount of the expiation fee, to whom the expiation fee is payable and the period within which it is payable; and
	(b)	must be accompanied by—
	(i)	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; and
	(ii)	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.
Note—
Certain other Acts and regulations (eg the Local Government Act 1934 section 789D and the Road Traffic Act 1961 section 174A) require that the expiation reminder notice sent 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.
	(2)	No enforcement action can be taken under this Act in respect of an expiation notice until 14 clear days have elapsed from the date of the reminder notice.
	(3)	If a reminder notice is given to an alleged offender, the prescribed reminder notice fee will be added to the unpaid expiation fee and, for the purposes of this Act, forms part of that fee.
	(4)	The prescribed reminder notice fee may consist of two components—
	(a)	one being a prescribed amount payable in every case; and
	(b)	the other being an amount attributable to costs and expenses of a prescribed class (if any) incurred in relation to the matter.
11A—Expiation enforcement warning notices
	(1)	If the issuing authority has received 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, the issuing authority must, before taking action under this Act to enforce the expiation notice, send an expiation enforcement warning notice, in the prescribed form, to the alleged offender by post.
	(2)	The expiation enforcement warning notice—
	(a)	must contain a statement that the statutory declaration or other document is not accepted by the authority as a defence to the alleged offence or offences; and
	(b)	must specify the amount of the expiation fee, to whom the expiation fee is payable and the period within which it is payable; and
	(c)	must 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 expiation notice relates.
	(3)	No enforcement action can be taken under this Act in respect of an expiation notice until 14 clear days have elapsed from the date of the expiation enforcement warning notice.
	(4)	If an expiation enforcement warning notice is given to an alleged offender, the prescribed warning notice fee will be added to the unpaid expiation fee and, for the purposes of this Act, forms part of that fee.
	(5)	The prescribed warning notice fee may consist of two components—
	(a)	one being a prescribed amount payable in every case; and
	(b)	the other being an amount attributable to costs and expenses of a prescribed class (if any) incurred in relation to the matter.
	(6)	An expiation enforcement warning notice is not to be regarded as an expiation reminder notice for the purposes of any other law.
12—Late payment
The issuing authority may accept late payment of an expiation fee (together with the levy under the Victims of Crime Act 2001 or a corresponding previous law) at any time before an enforcement order is made under this Act.
13—Enforcement procedures
	(1)	An expiation notice may be enforced against the alleged offender by the issuing authority by sending to the Registrar a certificate that contains the prescribed particulars relating to—
	(a)	the alleged offender; and
	(b)	the offence or offences that remain unexpiated; and
	(c)	the amount payable under the notice; and
	(d)	compliance by the authority with the requirements of this Act and any other Act.
	(2)	Subject to subsection (3), a Registrar may make an order against a person for enforcement of an expiation notice if the Registrar—
	(a)	has received a certificate under subsection (1); or
	(b)	has cancelled an order for relief.
	(3)	The Registrar—
	(a)	cannot make an order pursuant to subsection (2)(a) if the time for commencement of a prosecution against the person for the unexpiated offence or offences has expired; but
	(b)	may make an order pursuant to subsection (2)(b) despite the fact that the time for commencement of a prosecution against the person for the unexpiated offence or offences has expired, provided that the enforcement order is made—
	(i)	within 30 days of the cancellation; or
	(ii)	if an application for review of the cancellation has been lodged—within 30 days of the application being dismissed or withdrawn.
	(4)	A Registrar is not required to conduct a hearing for the purposes of making an enforcement order.
	(5)	The costs of making an enforcement order will be included in the order.
	(6)	On an enforcement order being made—
	(a)	the alleged offender will be taken to have been convicted by the Court on that day of the offence or offences to which the order relates; and
	(b)	the order will be taken to be an order of the Court imposing a fine of an amount equivalent to the unpaid expiation fee and is enforceable under the Criminal Law (Sentencing) Act 1988 accordingly; and
	(ba)	if anything seized under an Act in connection with the alleged offence would be liable to forfeiture in the event of a conviction, that thing is forfeited to the Crown, subject to an order to the contrary made by the court conducting a review of the enforcement order or hearing an appeal against the conviction; and
	(c)	the Registrar must cause a copy of the order to be given personally or by post to the alleged offender.
14—Review of enforcement orders and effect on right of appeal against conviction
	(1)	Subject to this section, the person liable under an enforcement order may apply to the Court for a review of the order within 30 days of being given notice of the order.
	(2)	The Court may entertain an application made out of time if it thinks good reason exists for doing so.
	(3)	An application can only be made on the ground that—
	(a)	the expiation notice should not have been given to the applicant in the first instance; or
	(b)	the procedural requirements of this Act or any other Act were not complied with; or
	(c)	the applicant failed to receive a notice required by this Act or any other Act; or
	(ca)	the issuing authority failed to receive—
	(i)	a notice sent to the authority by the applicant electing to be prosecuted for the offence; or
	(ii)	a statutory declaration or other document sent to the authority by the applicant in accordance with a notice required by law to accompany the expiation notice or expiation reminder notice; or
	(d)	the applicant has expiated the offence, or offences, under the notice; or
	(e)	the amount shown as due under the order has not taken into account the payment of an instalment.
	(4)	The Court, after conducting a review of an enforcement order, may—
	(a)	confirm the order;
	(b)	vary or revoke the order;
	(c)	make any ancillary order.
	(5)	If the Court revokes an enforcement order, any subsequent order made under Division 3 of Part 9 of the Criminal Law (Sentencing) Act 1988 will be taken to have been revoked.
	(5a)	Despite any other provision of this Act, if the Court revokes an enforcement order on a ground referred to in subsection (3)(b), (c) or (ca), the following provisions apply:
	(a)	if the period of 1 year from the date of commission of the alleged offence, or offences, has not expired, the applicant will be taken to have been given an expiation notice by the issuing authority in respect of the alleged offence, or offences, for the first time on the day on which the order was revoked; and
	(b)	the expiation notice will also be taken to have been issued on that day; and
	(c)	the expiation period will be taken to be the period of 28 days from (and including) that day; and
	(d)	a prosecution can be commenced for the alleged offence, or offences, within 6 months of the expiry of that expiation period (despite the fact that the time for the commencement of the prosecution may have already otherwise expired).
	(6)	A decision of the Court made on a review of an enforcement order is not subject to appeal by the person liable under the order.
	(7)	If an enforcement order has been reviewed under this section or an application for such a review has been made and not withdrawn, the person liable under the order may not appeal against the conviction of the offence or offences to which the order relates.
	(8)	If an appeal against the conviction of the offence or offences to which an enforcement order relates has been determined or such an appeal has been instituted and not withdrawn, the person liable under the order may not apply for a review of the order under this section.
15—Effect of expiation
	(1)	Subject to this Act, if the offence, or offences, to which an expiation notice relates are expiated in accordance with this Act, the alleged offender is not liable to prosecution for that offence or those offences or any other expiable offence arising out of the same incident.
	(2)	Subject to this Act, if an expiation notice is given in respect of an offence, or offences, arising out of the use of a motor vehicle and that offence, or those offences, are expiated in accordance with this Act, no person is liable to prosecution for that offence, or those offences, or any other expiable offence arising out of the same incident except for an offence that is the subject of another expiation notice.
Notes—
	•	The Criminal Injuries Compensation Act 1978 section 13(5) provides that an offence is not expiated until the levy imposed by that Act is paid.
	•	Section 6(5) of this Act provides for the giving of further expiation notices for offences arising out of the same incident in certain circumstances.
	(3)	If—
	(a)	an expiation notice relates to more than one offence; and
	(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.
	(4)	The expiation of an offence under this Act (or an application for relief under this Act)—
	(a)	does not constitute an admission of guilt or of any civil liability; and
	(b)	will not be regarded as evidence tending to establish guilt or any civil liability; and
	(c)	cannot be referred to in any report furnished to a court for the purposes of determining sentence for any offence.
	(5)	However, if anything seized under an Act in connection with the alleged offence would be liable to forfeiture in the event of a conviction, that thing is, on expiation of the alleged offence under this Act, forfeited to the Crown.
16—Withdrawal of expiation notices
	(1)	The issuing authority may withdraw an expiation notice with respect to all or any of the alleged offences to which the notice relates if—
	(a)	the authority is of the opinion that the alleged offender did not commit the offence, or offences, or that the notice should not have been given with respect to the offence, or offences; or
	(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
	(b)	the authority decides that the alleged offender should be prosecuted for the offence, or offences.
	(2)	An expiation notice may be withdrawn under subsection (1) despite payment of an expiation fee or an instalment, but in that event the amount paid must be refunded.
	(3)	However, an expiation notice cannot be withdrawn for the purposes of prosecuting the alleged offender for an offence if—
	(a)	an enforcement order has been made under this Act in respect of the offence; or
	(b)	—
	(i)	in the case of a notice issued before the commencement of Part 6 of the Statutes Amendment (Fine Enforcement) Act 1998—the period of 90 days from the date of the notice has expired;
	(ii)	in the case of a notice issued after that commencement—the period of 60 days from the date of the notice has expired.
	(5)	If an expiation notice is withdrawn under subsection (1), a prosecution for an offence to which the notice related may be commenced, but the fact that the defendant paid an expiation fee or an instalment or applied for relief under this Act is not admissible in those proceedings as evidence against the defendant.
	(6)	Subject to subsection (7), the issuing authority must withdraw an expiation notice if it becomes apparent that the alleged offender did not receive the notice until after the expiation period, or has never received it, as a result of error on the part of the authority or failure of the postal system.
	(7)	An expiation notice cannot be withdrawn under subsection (6) if the alleged offender has paid the expiation fee or any instalment or other amount due under the notice.
	(9)	The withdrawal of an expiation notice under this section is effected by giving written notice of the withdrawal, personally or by post, to the person to whom the expiation notice was given.
	(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.
17—Application of payments
	(1)	Unless a contrary intention is indicated in a particular Act and subject to subsection (2), money received by way of expiation fees will be paid into the Consolidated Account.
	(2)	Subject to subsection (3), a statutory authority or council is entitled to any expiation fee paid under this Act pursuant to an expiation notice, or recovered on enforcement of an expiation notice, that was issued by or on behalf of the authority or council.
	(3)	If an expiation notice is issued by or on behalf of a statutory authority or council as a result of the reporting of an offence by a member of the police force or other officer of the Crown, half of the amount of any expiation fee paid pursuant to the notice or recovered on enforcement of the notice must be paid into the Consolidated Account.
18—Giving of certain notices and certificates
Where a written notice is to be given under this Act by a Registrar to an issuing authority, or an enforcement certificate is to be sent by an issuing authority to a Registrar, the notice or certificate may be given or sent in an electronic form that is acceptable to the recipient, provided that a printed copy of the notice or certificate can be produced if required.
18A—Exercise of Registrar's powers
	(1)	The Manager, Penalty Management may direct that powers vested in a Registrar under this Act are exercisable by a person who is an authorised officer under the Criminal Law (Sentencing) Act 1988.
	(2)	A direction under this section—
	(a)	must be by instrument in writing; and
	(b)	may be absolute or conditional; and
	(c)	does not derogate from the power of a Registrar to act in any matter; and
	(d)	is revocable at will by the Manager.
18B—Certain decisions not reviewable by a court
Without derogating from section 14, a decision as to whether an alleged offence is trifling made by—
	(a)	a person issuing an expiation notice; or
	(b)	an issuing authority on an application for review of an expiation notice,
is final and not subject to any form of review.
19—Non-derogation
This Act does not derogate from the provisions of any other Act that relate to the expiation of offences.
20—Regulations
The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.

Legislative history
Notes
	•	Amendments of this version that are uncommenced are not incorporated into the text.
	•	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 this Act (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 www.legislation.sa.gov.au.
Principal Act and amendments
New entries appear in bold.
Year	No	Title	Assent	Commencement	
1996	27	Expiation of Offences Act 1996	2.5.1996	3.2.1997 (Gazette 19.12.1996 p1922)	
1998	60	Statutes Amendment (Fine Enforcement) Act 1998	3.9.1998	Pt 6 (ss 31—38)—6.3.2000 (Gazette 18.11.1999 p2358)	
1999	52	Motor Vehicles (Miscellaneous) Amendment Act 1999	12.8.1999	s 95—17.6.2001 (Gazette 7.6.2001 p2144)	
2000	57	Statutes Amendment and Repeal (Attorney-General's Portfolio) Act 2000	20.7.2000	Pt 12 (ss 26 and 27)—1.10.2000 (Gazette 28.9.2000 p2221)	
2001	11	Expiation of Offences (Trifling Offences) Amendment Act 2001	12.4.2001	29.10.2001 (Gazette 25.10.2001 p4686)	
2001	58	Victims of Crime Act 2001	15.11.2001	Sch 2 (cl 5)—1.1.2003 (Gazette 19.12.2002 p4736)	
2002	33	Statutes Amendment (Attorney-General's Portfolio) Act 2002	28.11.2002	Pt 7 (s 11)—3.3.2003 (Gazette 27.2.2003 p807)	
2003	53	Statutes Amendment (Expiation of Offences) Act 2003	4.12.2003	Pt 2—18.12.2003 (Gazette 18.12.2003 p4527) except ss 5 & 6—4.12.2005 (s 7(5) Acts Interpretation Act 1915)	
2013	31	Statutes Amendment (Fines Enforcement and Recovery) Act 2013	1.8.2013	Pt 6 (ss 18—32)—3.2.2014 (Gazette 30.1.2014 p422)	
Provisions amended
New entries appear in bold.
Provision	How varied	Commencement	
s 2	omitted under Legislation Revision and Publication Act 2002	18.12.2003	
s 3			
s 3(1)	s 3 redesignated as s 3(1) by 11/2001 s 3	29.10.2001	
s 3(2)	inserted by 11/2001 s 3	29.10.2001	
s 4			
s 4(1)	s 4 redesignated as s 4(1) by 11/2001 s 4	29.10.2001	
the Manager, Penalty Management	inserted by 60/1998 s 31	6.3.2000	
s 4(2)	inserted by 11/2001 s 4	29.10.2001	
s 6			
s 6(1)	amended by 60/1998 s 32	6.3.2000	
	amended by 11/2001 s 5	29.10.2001	
s 6(5)	amended by 52/1999 s 95	17.6.2001	
	amended by 53/2003 s 4(1), (2)	18.12.2003	
s 6(6)	s 6(5) dot point designated as s 6(6) by 53/2003 s 4(3)	18.12.2003	
s 7	amended by 60/1998 s 33	6.3.2000	
s 8A	inserted by 11/2001 s 6	29.10.2001	
s 9			
s 9(4)	amended by 60/1998 s 34(a)	6.3.2000	
s 9(6)	substituted by 60/1998 s 34(b)	6.3.2000	
s 9(7) and (8)	deleted by 60/1998 s 34(b)	6.3.2000	
s 9(9)	amended by 60/1998 s 34(c)	6.3.2000	
s 9(16)	deleted by 60/1998 s 34(d)	6.3.2000	
s 9(18)	deleted by 60/1998 s 34(e)	6.3.2000	
s 11			
s 11(1)	amended by 53/2003 s 5(1)	4.12.2005	
s 11(1a)	inserted by 53/2003 s 5(2)	4.12.2005	
s 11A	inserted by 53/2003 s 6	4.12.2005	
s 12	amended by 58/2001 Sch 2 cl 5	1.1.2003	
s 13			
s 13(1)	amended by 60/1998 s 35(a)	6.3.2000	
s 13(2)	amended by 60/1998 s 35(b)	6.3.2000	
s 13(6)	amended by 60/1998 s 35(c)	6.3.2000	
	amended by 53/2003 s 7	18.12.2003	
s 14			
s 14(1)	amended by 33/2002 s 11(a)	3.3.2003	
s 14(3)	amended by 60/1998 s 36	6.3.2000	
	amended by 57/2000 s 26(a)	1.10.2000	
s 14(5)	substituted by 57/2000 s 26(b)	1.10.2000	
s 14(5a)	inserted by 57/2000 s 26(b)	1.10.2000	
	amended by 53/2003 s 8	18.12.2003	
s 14(6)	amended by 33/2002 s 11(b)	3.3.2003	
s 14(7) and (8)	inserted by 33/2002 s 11(c)	3.3.2003	
s 16			
s 16(1)	amended by 53/2003 s 9(1), (2)	18.12.2003	
s 16(2)	amended by 57/2000 s 27(a)	1.10.2000	
s 16(3)	substituted by 60/1998 s 37	6.3.2000	
s 16(4)	deleted by 57/2000 s 27(b)	1.10.2000	
s 16(5)	amended by 57/2000 s 27(c)	1.10.2000	
s 16(6)—(9)	inserted by 57/2000 s 27(d)	1.10.2000	
s 16(8)	deleted by 53/2003 s 9(3)	18.12.2003	
s 16(10)—(13)	inserted by 53/2003 s 9(4)	18.12.2003	
s 18A	inserted by 60/1998 s 38	6.3.2000	
s 18B	inserted by 11/2001 s 7	29.10.2001	
Transitional etc provisions associated with Act or amendments
Statutes Amendment (Fine Enforcement) Act 1998, Sch
10—Community service under repealed s 9(4)(b)
If an order for community service made under section 9(4)(b) of the principal Act in respect of a person was in force immediately before the commencement of this Act, the order continues in force and, for that purpose, the principal Act (as in force immediately before the commencement of this Act) continues to apply.
Historical versions
Reprint No 1—6.3.2000		
Reprint No 2—1.10.2000		
Reprint No 3—17.6.2001		
Reprint No 4—29.10.2001		
Reprint No 5—1.1.2003		
Reprint No 6—3.3.2003		
18.12.2003