South Australian Current Acts South Australian Current Acts52—Limitation on time in which proceedings may be commenced
(1) Subject to any
provision of an Act to the contrary, if a person is to be prosecuted for a
summary offence, the proceedings must be commenced within the following time
limits:
(a) in
the case of an expiable offence—
(i)
if an expiation notice was given to the person—the
proceedings must be commenced within 6 months of the expiry of the expiation
period specified in the notice;
(ii)
if an expiation notice was not given to the
person—the proceedings must be commenced within 6 months of the date on
which the offence is alleged to have been committed;
(b) in
the case of an offence that is not expiable—the proceedings must be
commenced within 2 years of the date on which the offence is alleged to have
been committed.
(2) For the purposes
of subsection (1), an expiation notice is to be taken into account
despite its subsequent withdrawal except if the notice of withdrawal specifies
that it is withdrawn because—
(a) the
issuing authority has received a nomination, statutory declaration or other
document sent to the authority by the alleged offender in accordance with a
notice required by law to accompany the expiation notice or expiation reminder
notice; or
(b) it
has become apparent that the alleged offender did not receive the notice until
after the expiation period, or has never received it, as a result of error on
the part of the authority or failure of the postal system or failure in the
transmission of an email,
(in which case the withdrawn expiation notice is to be disregarded).