South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"child", in relation to an offence, means a person who was under the age of 16
years at the time the offence is alleged to have been committed;
"council" means a council established under the Local Government Act 1934
and includes a controlling authority established under that Act;
"Court" means—
(a) in
relation to an expiation notice issued to a person who was under the age of 18
years at the time of the alleged offence—the Youth Court;
(b) in
relation to any other expiation notice—the Magistrates Court;
"expiation period" means the period specified in an expiation notice for
payment of the expiation fee;
"issuing authority" means—
(a) if
an expiation notice is given by a member of the police force—the
Commissioner of Police;
(b) in
any other case—the Minister, statutory authority or council on whose
behalf an expiation notice is given;
"the Manager, Penalty Management" means the person holding or acting in the
office of Manager, Penalty Management under the Magistrates
Court Act 1991 ;
"Registrar" means—
(a) in
relation to an expiation notice issued to a person who was under the age of 18
years at the time of the alleged offence—Registrar of the Youth Court;
(b) in
relation to any other expiation notice—Registrar as defined in the
Magistrates Court Act 1991 .
(2) An alleged offence
will, for the purposes of this Act, be regarded as trifling if, and only if,
the circumstances surrounding the commission of the offence were such that the
alleged offender ought to be excused from being given an expiation notice on
the ground that—
(a)
there were compelling humanitarian or safety reasons for the conduct that
allegedly constituted the offence; or
(b) the
alleged offender could not, in all the circumstances, reasonably have averted
committing the offence; or
(c) the
conduct allegedly constituting the offence was merely a technical, trivial or
petty instance of a breach of the relevant enactment.