South Australian Consolidated Acts South Australian Consolidated Acts (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 74A)
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.