South Australian Current Acts

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EXPIATION OF OFFENCES ACT 1996 - SECT 4

4—Interpretation

        (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;

"community corrections officer" means an officer or employee of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Correctional Services Act 1982


whose duties include the supervision of offenders in the community;

"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 (in the absence of an arrangement under section 9


);

"Fines Enforcement and Recovery Officer" means the Fines Enforcement and Recovery Officer under the Criminal Law (Sentencing) Act 1988


;

"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;

"protected person" has the same meaning as in the Intervention Orders (Prevention of Abuse) Act 2009


.

        (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.

        (3)         Subject to this Act, a person "expiates" an offence if a person pays all of the amounts due under the expiation notice (including any levy payable under the Victims of Crime Act 2001


) or such amounts are recovered from the person in accordance with this Act.



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