South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
section, offences against this Part are minor indictable offences.
(2) The prosecution
may elect to charge a person who is alleged to have committed an offence
against Division 2 with a summary offence.
(3) An offence against
Division 2 is an expiable offence.
Expiation fee:
(a) If
the offender is a body corporate—$2 500.
(b) If
the offender is a natural person—$500.
(4) If a person who is
alleged to have committed an offence against Division 2 is given an expiation
notice in respect of the offence and the person does not expiate the offence,
then any prosecution of the person for the offence must be brought as a
summary offence.
(5) If proceedings for
a summary offence are brought under this section—
(a) it
is no defence that the defendant had a mistaken but reasonable belief as to
the facts that constituted the offence; and
(b) the
maximum penalty that the court may impose for the relevant offence is
$10 000 (despite any higher maximum penalty provided in respect of the
offence under the relevant provision).
(6)
Subsection (5)(a) does not operate so as to exclude the defence under
section 26 or 28.