South Australian Consolidated Acts

EXPIATION OF OFFENCES ACT 1996 - SECT 8

8—Alleged offender may elect to be prosecuted

        (1)         An alleged offender may, by notice in the prescribed form given personally or by post to the issuing authority, elect to be prosecuted for the offence or any of the offences to which the expiation notice relates.

        (2)         An election to be prosecuted for an offence cannot be made after—

            (a)         if the alleged offender is granted an order for relief under section 9—the granting of the order;

            (b)         in any other case—the making of an enforcement order under section 13 in respect of the offence.

        (3)         If an election is made under this section, the expiation notice will be taken to have been withdrawn in respect of the offence to which the election relates.