South Australian Consolidated Acts

EXPIATION OF OFFENCES ACT 1996 - SECT 9

9—Options in cases of hardship

        (1)         A person who has been given an expiation notice may apply to a Registrar for relief under this section.

        (2)         An application under this section must be in the form approved by the Minister and the information it contains must be verified by statutory declaration.

        (3)         The Registrar is not obliged to conduct an inquiry on the application, but may require the applicant to provide further information or records.

        (4)         If the Registrar is satisfied that the applicant or his or her dependants would suffer hardship if the expiation fee under the notice were to be paid in full, the Registrar may make an order permitting the applicant—

            (a)         to pay the fee to the Registrar in instalments; or

            (b)         an extension of time (not exceeding 6 months) within which to pay the fee.

        (5)         For the purposes of making an order under this section, the Registrar may aggregate the fees under any number of expiation notices given to the alleged offender, whether by the same issuing authority or not.

        (6)         The Registrar—

            (a)         cannot make an order for relief if an enforcement order has been made under this Act in respect of the expiation notice; and

            (b)         cannot make an order for payment by instalments if the amount of the expiation fee (or the total amount of fees when aggregated) is less than $50; and

            (c)         should not grant an extension of time to pay if the alleged offender is, without the offender or his or her dependants suffering hardship, able to pay the due amount in instalments of a reasonable amount.

        (9)         The Registrar must, on making a decision on an application for relief—

            (a)         give the applicant, personally or by post, written notice of the decision; and

            (b)         if an order for relief is made, give written notice of the order to the relevant issuing authority.

        (10)         A decision of a Registrar made on an application for relief is not subject to appeal.

        (11)         An order under this section remains in force until discharged or cancelled, despite the fact that the time for commencement of a prosecution for the offence or offences to which the order relates has expired.

        (12)         If a person contravenes or fails to comply with an order under this section, a Registrar may, by notice in writing given personally or by post to that person, cancel the order.

        (13)         If an order for payment of an amount in instalments is cancelled, the whole of the balance of the amount becomes liable to enforcement action under this Act.

        (14)         The Registrar must give written notice of the cancellation to the relevant issuing authority.

        (15)         If a person complies with an order for payment in instalments, or pays to a Registrar at any time the amount then outstanding, the order is discharged and the offence, or offences, to which it related will be taken to be expiated.

Note—

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.

        (17)         A Registrar must give written notice of the discharge of an order under this section to the relevant issuing authority.