South Australian Consolidated Acts South Australian Consolidated Acts14—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been revoked.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or offences, for the first time on the day on which the order was revoked; and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.