Expiation of Offences Regulations 2011 (SA)

South Australia Expiation of Offences Regulations 2011 under the Expiation of Offences Act 1996

Contents 1 Short title 3 Interpretation 5 Reminder notices 6 Expiation enforcement warning notices 7 Notices relating to more than 1 offence Schedule 1—Forms 1 Expiation notice 2 Expiation reminder notice 3 Expiation enforcement warning notice 4 Election to be prosecuted Legislative history

1—Short title These regulations may be cited as the Expiation of Offences Regulations 2011. 3—Interpretation In these regulations— Act means the Expiation of Offences Act 1996; levy means the levy payable under the Victims of Crime Act 2001; relevant motor vehicle register means— (a) in the case of a vehicle registered in this State—the register kept under the Motor Vehicles Act 1959; or (b) in the case of a vehicle registered in another State or a Territory of the Commonwealth—the corresponding register in that State or Territory. 5—Reminder notices For the purposes of section 11(3) of the Act, the reminder notice fee is— (a) $73.00; plus (b) if a vehicle was involved in the alleged offence to which the expiation notice relates and a fee incurred for searching the relevant motor vehicle register—the fee for 1 such search. 6—Expiation enforcement warning notices For the purposes of section 11A of the Act, the warning notice fee is— (a) $66.00; plus (b) if— (i) a vehicle was involved in the alleged offence to which the expiation notice relates and a fee incurred for searching the relevant motor vehicle register; and (ii) an expiation reminder notice has not been issued to the alleged offender, the fee for 1 such search. 7—Notices relating to more than 1 offence (1) If an expiation reminder notice relates to more than 1 offence, the issuing authority must not accept payment unless it comprises the reminder notice fee (except if it is waived) plus the expiation fees and levies (if any) for all offences except any for which the alleged offender elects to be prosecuted. (2) If an expiation enforcement warning notice relates to more than 1 offence, the issuing authority must not accept payment unless it comprises the warning notice fee (except if it is waived) plus, if a reminder notice fee is payable, the reminder notice fee (except if it is waived) plus the expiation fees and levies (if any) for all offences except any for which the alleged offender elects to be prosecuted. (3) However, failure to comply with subregulation (1) or (2) does not affect the authority's right under the Act to enforce the notice in relation to any offence remaining unexpiated.