EXPIATION OF OFFENCES ACT 1996 - NOTES

EXPIATION OF OFFENCES ACT 1996 - NOTES

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 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.

Provisions amended

New entries appear in bold.

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10—Community service under repealed s 9(4)(b)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.

Statutes Amendment (Fines Enforcement and Recovery) Act 2013

32—Transitional provisions

(1) Subject to this section and to any regulations made under section 20(4) of the principal Act (as inserted by this Act), the principal Act as in force immediately after the commencement day applies in relation to an expiation notice whether given before or after the commencement day.

(2) If an order for relief has been made in relation to an expiation notice given before the commencement day, the principal Act as in force before the commencement day continues to apply in relation to the expiation notice unless the order for relief is cancelled (in which case the principal Act as in force immediately after the commencement day applies in relation to the expiation notice as if an arrangement under section 9 of the principal Act relating to the expiation notice had terminated).

(3) For the avoidance of doubt, if an order for relief referred to in subsection (2) is cancelled, section 10 of the principal Act (as in force immediately before the commencement day) does not apply in relation to the cancellation.

(4) The Registrar (within the meaning of the principal Act as in force immediately before the commencement day) may—

(a) with the agreement of the alleged offender, vary an order for relief referred to in subsection (2); and

(b) delegate any functions and powers relating to an order for relief referred to in subsection (2) to the Fines Enforcement and Recovery Officer.

(5) A power or function delegated under subsection (4)(b) may, if the instrument of delegation so provides, be further delegated.

(6) A delegation under subsection (4)(b)—

(a) may be absolute or conditional; and

(b) does not derogate from the power of the delegator to act personally in a matter; and

(c) is revocable at will; and

(d) operates despite any direction under section 18A of the principal Act (as in force before the commencement day).

(7) In this section—

principal Act means the Expiation of Offences Act 1996;

commencement day means the day on which this Part comes into operation.

Fines Enforcement and Debt Recovery Act 2017, Sch 1 Pt 8—Transitional provisions etc

35—Transitional provisions

(1) Subject to this clause and to any regulations made under section 76(4)—

(a) Part 7 applies in relation to enforcement of a pecuniary sum or expiation notice regardless of whether the liability to pay the pecuniary sum or expiation amount arose before or after the commencement day; and

(b) section 9 applies to an expiation amount regardless of whether the liability to pay the expiation amount arose before or after the commencement day; and

(c) this Act applies in relation to an expiation notice whether given before or after the commencement day.

(2) A request for the making of an aggregation determination made under section 61 of the Criminal Law (Sentencing) Act 1988 before the commencement day will, if it has not been determined before that day, be taken to have been made under section 9 of this Act.

(3) If, immediately before the commencement day, a debtor is subject to, or taken to be subject to, an arrangement with the Fines Enforcement and Recovery Officer under section 70 of the Criminal Law (Sentencing) Act 1988, the arrangement continues as if it were an arrangement with the Chief Recovery Officer under section 15 of this Act (but such an arrangement is, despite the provisions of section 15, to have effect according to its terms).

(4) Proceedings in respect of an application commenced by the Fines Enforcement and Recovery Officer under section 70U of the Criminal Law (Sentencing) Act 1988 that are not finally determined before the commencement day will continue from that day as if the application had been made by the Chief Recovery Officer under section 46 of this Act.

(5) A community service order made by the Court under section 70U of the Criminal Law (Sentencing) Act 1988 that is in force immediately before the commencement day will continue to operate on and from the commencement day as if the order were a community service order made by the Court under section 46 of this Act.

(6) If, immediately before the commencement day, an alleged offender is subject to an arrangement with the Fines Enforcement and Recovery Officer under section 9 of the Expiation of Offences Act 1996, the arrangement continues as if it were an arrangement with the Chief Recovery Officer under section 20 of this Act (but such an arrangement is, despite the provisions of section 20, to have effect according to its terms).

(7) If, immediately before the commencement day, an enforcement determination is in force under section 13 of the Expiation of Offences Act 1996 in relation to an expiation notice, the determination will continue to operate as if it were an enforcement determination made by the Chief Recovery Officer under section 22 of this Act.

(8) An application made under section 13(4)(b) of the Expiation of Offences Act 1996 as in force immediately before the commencement day that has not been finally determined before that day will, if it was made within 30 days of notice of the enforcement determination to which it relates being given, sent or published, be taken to have been made under section 22(5)(b)(i) of this Act.

(9) A charge on land imposed under section 70G of the Criminal Law (Sentencing) Act 1988 as in force before the commencement day continues as if it were a charge on land imposed under section 33 of this Act on or after the commencement day.

(10) If the Fines Enforcement and Recovery Officer has, before the commencement day, issued a notice, made a request or required a person to do something under a provision of the Expiation of Offences Act 1996 or Part 9 Division 3 of the Criminal Law (Sentencing) Act 1988, and the notice, request or requirement has not been complied with before the commencement day, the notice will be taken to have been issued, or the request or requirement will be taken to have been made, under the corresponding provision of this Act.

(11) If the Fines Enforcement and Recovery Officer has, before the commencement day, exercised a power under a provision of Part 9 Division 3 Subdivision 4 of the Criminal Law (Sentencing) Act 1988 in connection with enforcement action against a debtor or alleged offender, and the enforcement action has not concluded before that day—

(a) the power will be taken to have been exercised under the corresponding provision of Part 7 of this Act; and

(b) a written determination of the Fines Enforcement and Recovery Officer made under a provision of the Criminal Law (Sentencing) Act 1988 in connection with the exercise of the power will be taken to be a determination made by the Chief Recovery Officer under the corresponding provision of this Act; and

(c) any other action taken by the Fines Enforcement and Recovery Officer under a provision of the Criminal Law (Sentencing) Act 1988 in connection with the exercise of the power will be taken to have been done under the corresponding provision of this Act.

(12) Without derogating from any powers or functions that may be exercised in accordance with subclause (1), a relevant order continues in operation after the commencement day.

(13) Part 9 Division 3 of the Criminal Law (Sentencing) Act 1988 as in force before the commencement of the Statutes Amendment (Fines Enforcement and Recovery) Act 2013 (other than Subdivision 7) continues to apply in relation to a relevant order continued in operation under subclause (12) as if references in that Division to the Manager, the Registrar or an authorised officer were references to the Chief Recovery Officer.

(14) However, the Chief Recovery Officer may, with the consent of the relevant debtor, revoke a relevant order continued in operation under subclause (12).

(15) Despite section 26, no amount is payable under that section in relation to an amount that is taken to be a pecuniary sum imposed by order of a court by virtue of the making of an enforcement order under section 13 of the Expiation of Offences Act 1996 before the commencement of section 26 of the Statutes Amendment (Fines Enforcement and Recovery) Act 2013.

(16) A person who holds office as an authorised officer under section 56A of the Criminal Law (Sentencing) Act 1988 immediately before the commencement day will be taken to have been appointed as an authorised officer under section 67 (and any conditions to which the appointment is subject under section 56A of the Criminal Law (Sentencing) Act 1988 will, subject to section 67(3), continue to apply to the appointment).

(17) In this clause—

commencement day means the day on which this clause comes into operation;

relevant order means a penalty enforcement order (and any warrant or order issued in relation to the penalty enforcement order) made under Part 9 Division 3 of the Criminal Law (Sentencing) Act 1988 as in force before the commencement of Part 4 of the Statutes Amendment (Fines Enforcement and Recovery) Act 2013.

36—Validation provision

Any enforcement determination purportedly made by the Fines Enforcement and Recovery Officer under section 13 of the Expiation of Offences Act 1996 before the day on which this clause comes into operation is declared to have been validly made notwithstanding that there was not compliance with the requirements of subsection (1) or (2) of that section.

Historical versions