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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Expiation of Offences (Speeding Offences) Amendment
Bill 2011
A BILL FOR
An Act to amend the Expiation
of Offences Act 1996.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Expiation of
Offences Act 1996
4Amendment of section
4—Interpretation
5Amendment of section 6—Expiation
notices
6Amendment of section 8A—Review of
notices
7Amendment of section 18B—Certain
decisions not reviewable by a court
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Expiation of Offences (Speeding Offences)
Amendment Act 2011.
This Act will come into operation 3 months after the date of its
assent.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Expiation of Offences
Act 1996
4—Amendment
of section 4—Interpretation
Section 4—after subsection (2) insert:
(3) In this Act, speeding offence and traffic speed
analyser have the same respective meanings as in the
Road
Traffic Act 1961.
5—Amendment
of section 6—Expiation notices
Section 6—after subsection (1) insert:
(1a) An expiation notice relating to an alleged speeding offence detected
by a police officer operating a traffic speed analyser must—
(a) set out full particulars of the alleged offence sufficient to enable
the alleged offender to make an informed decision as to whether to expiate the
alleged offence, elect to be prosecuted for it or apply for a review of the
notice; and
(b) specify the distance recorded by the distance measurement function of
the traffic speed analyser; and
(c) enable the alleged offender to indicate on the notice whether he or
she was shown the information recorded by the traffic speed analyser (including
the speed at which the offender's vehicle was allegedly travelling when the
record was made) and whether the alleged offender agreed with the information so
recorded.
6—Amendment
of section 8A—Review of notices
(1) Section 8A(1)—after "trifling" insert:
or that no offence was in fact committed
(2) Section 8A(2)—delete "The" and substitute:
Subject to this section, the
(3) Section 8A—after subsection (2) insert:
(2a) If the expiation
notice that is the subject of an application for a review under this section
relates to an alleged speeding offence detected by a police officer operating a
traffic speed analyser, the issuing authority must convene a panel of
3 persons to conduct the review, being a panel consisting
of—
(a) a justice of the peace; and
(b) a police officer with extensive expertise in the enforcement of laws
related to the driving of vehicles; and
(c) a person with technical expertise in the detection of speeding
offences.
(2b) An application for a review of an expiation notice relating to an
alleged speeding offence of a kind referred to in
subsection (2a) must
be accompanied by a fee of $50.
(4) Section 8A(4)—delete "by the issuing authority before it"
and substitute:
before the issuing authority
(5) Section 8A(5)—delete subsection (5) and
substitute:
(5) If the person or panel that conducts a review of an expiation notice
under this section is satisfied that the offence is trifling or that no offence
was in fact committed, the issuing authority must—
(a) by notice in writing given personally or by post to the alleged
offender, withdraw the notice in respect of that offence; and
(b) if the expiation notice related to an alleged speeding offence
detected by a police officer operating a traffic speed analyser, refund the
alleged offender the amount of any fee paid on the application for the review of
the notice.
7—Amendment
of section 18B—Certain decisions not reviewable by a
court
Section 18B—after its present contents (now to be designated as
subsection (1)) insert:
(2) Subsection (1)(b) does not apply to a review of an expiation
notice relating to an alleged speeding offence detected by a police officer
operating a traffic speed analyser.