South Australian Consolidated Acts South Australian Consolidated Acts (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lodged—within 30 days of the application being dismissed or withdrawn.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.