South Australian Consolidated Acts South Australian Consolidated Acts8A—Review of notices on ground that offence is trifling
(1) A person who has
been given an expiation notice issued after the commencement of this section
may apply to the issuing authority for a review of the notice on the ground
that an offence to which the notice relates is trifling.
(2) The
issuing authority is not obliged to conduct an inquiry on the application but
may require the applicant to provide further information.
(3) An
issuing authority may require information contained in, or supporting, an
application for review to be verified by statutory declaration.
(4) An application
made under this section must be determined by the issuing authority before it
can issue a certificate for an enforcement order in respect of the offence to
which the application relates.
(5) If the
issuing authority is satisfied that the offence is trifling, the authority
must, by notice in writing given personally or by post to the alleged
offender, withdraw the notice in respect of that offence.
(6) However, an
expiation notice cannot be withdrawn under this section in respect of an
offence if—
(a) any
amount due under the notice in respect of that offence has been paid; or
(b) an
application for relief has been made under this Act in respect of the notice;
or
(c) a
certificate for an enforcement order has been issued by the authority in
respect of the offence.
(7) If an expiation
notice is withdrawn under this section in respect of an offence, no further
expiation notice may be issued in respect of that offence.