South Australia
Expiation of Offences Regulations 1996
under the Expiation of Offences Act 1996

Contents
1	Short title
2	Commencement
3	Revocation
4	Interpretation
5	Prescribed forms
7	Reminder notices
8	Expiation and reminder notices relating to more than one offence
9	Certificate for enforcement purposes
Schedule—Forms
Legislative history

1—Short title
These regulations may be cited as the Expiation of Offences Regulations 1996.
2—Commencement
These regulations will come into operation on 3 February 1997.
3—Revocation
All regulations previously made under the Expiation of Offences Act 1987 are revoked.
4—Interpretation
In these regulations—
Act means the Expiation of Offences Act 1996;
levy means the levy payable under the Criminal Injuries Compensation Act 1978.
5—Prescribed forms
	(1)	The forms set out in the Schedule are prescribed for the purposes specified in the Schedule.
	(2)	Entries in a form that are in italics are instructions to issuing authorities and do not form part of the form.
	(3)	If an issuing authority makes credit card, charge card or debit card facilities available for payments of amounts under expiation notices, the forms may be adjusted to refer to or provide for payments by such a card.
7—Reminder notices
	(1)	For the purposes of section 11(3) of the Act, the reminder notice fee is—
	(a)	$30; plus
	(b)	if a vehicle was involved in the alleged offence to which the expiation notice relates—the fee incurred for one search of the register kept under the Motor Vehicles Act 1959.
	(2)	An expiation reminder notice must 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; and
	(b)	if the notice is issued to the registered owner of a motor vehicle involved in the alleged offence and the issuing authority is required to invite the owner to submit a statutory declaration relating to the question of whether the owner was the driver at the time of the alleged offence—a form suitable for use as a statutory declaration.
8—Expiation and reminder notices relating to more than one 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.
	(2)	However, failure to comply with subregulation (1) 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.
	(4)	For the purposes of an enforcement order made in relation to more than one offence, an outstanding reminder 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 the reminder notice 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; 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; and
	(g)	the outstanding amount (if any) of the reminder notice fee.

Schedule—Forms
(Sections 6(1), 8(1) and 11(1) of the Act)

1—Forms to be used by the Commissioner of Police			
(a)	Expiation notice		
	Form 1:	Expiation notice for an offence detected by a photographic detection device (within the meaning of section 79B of the Road Traffic Act 1961)	
	Form 2:	Expiation notice for any other offence or offences	
(b)	Expiation reminder notice		
	Form 3:	Expiation reminder notice	
2—Forms to be used by all other issuing authorities			
(a)	Expiation notice if levy not applicable to any alleged offence		
	Form 4:	Expiation notice	
	Form 5:	Alternative expiation notice if only one offence (of any kind) alleged1	
	Form 6:	Alternative expiation notice if only one parking or traffic offence alleged2	
	Form 7:	Expiation notice issued for a parking or traffic offence by means of the system known as AutoCite (under which the notice is produced using a hand held electronic machine)	
(b)	Expiation notice if levy applicable to an alleged offence		
	Form 8:	Expiation notice	
	Form 9:	Alternative expiation notice if only one offence (of any kind) alleged1	
(c)	Expiation reminder notice		
	Form 10:	Expiation reminder notice	
	Form 11:	Alternative expiation reminder notice if only one offence (of any kind) alleged1	
	Form 12:	Alternative expiation reminder notice if only one parking or traffic offence alleged and levy is not applicable2	
3—Separate form for election to be prosecuted—to be used if attached form lost etc			
	Form 13:	Election to be prosecuted	
Note—
1	If only one offence (of any kind) is alleged, the issuing authority may (but need not) use—
	•	form 5 instead of form 4; or
	•	form 9 instead of form 8; or
	•	form 11 instead of form 10.
2	Alternatively, if only one parking or traffic offence is alleged, the issuing authority may (but need not) use—
	•	form 6 instead of form 4; or
	•	form 12 instead of form 10.

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Principal regulations and variations
New entries appear in bold.
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	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
r 5	varied by 11/2000 r 3	6.3.2000	
r 6	deleted by 11/2000 r 4(1)	6.3.2000	
r 8			
r 8(3)	varied by 11/2000 r 5	6.3.2000	
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	
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.