South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
Act, if the offence, or offences, to which an expiation notice relates are
expiated in accordance with this Act, the alleged offender is not liable to
prosecution for that offence or those offences or any other expiable offence
arising out of the same incident.
(2) Subject to this
Act, if an expiation notice is given in respect of an offence, or offences,
arising out of the use of a motor vehicle and that offence, or those offences,
are expiated in accordance with this Act, no person is liable to prosecution
for that offence, or those offences, or any other expiable offence arising out
of the same incident except for an offence that is the subject of another
expiation notice.
Notes—
• The Criminal
Injuries Compensation Act 1978 section 13(5) provides that an
offence is not expiated until the levy imposed by that Act is paid.
•
Section 6(5) of this Act provides for the giving of further expiation
notices for offences arising out of the same incident in certain
circumstances.
(3) If—
(a) an
expiation notice relates to more than one offence; and
(b) the
alleged offender expiates one or more of those offences but not all of them,
the alleged offender is liable to prosecution for any offence that is not
expiated.
(4) The expiation of
an offence under this Act (or an application for relief under this Act)—
(a) does
not constitute an admission of guilt or of any civil liability; and
(b) will
not be regarded as evidence tending to establish guilt or any civil liability;
and
(c)
cannot be referred to in any report furnished to a court for the purposes of
determining sentence for any offence.
(5) However, 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, on expiation
of the alleged offence under this Act, forfeited to the Crown.