South Australian Current Acts South Australian Current Acts45A—Expiation of simple cannabis offences
(1) A prosecution for
a simple cannabis offence cannot be commenced except by—
(a) the
Director of Public Prosecutions; or
(b) a
police officer; or
(c) a
person authorised in writing by the Director of Public Prosecutions to
commence the prosecution.
(2) Subject to this
section, if a person (not being a child) is alleged to have committed a simple
cannabis offence, then before a prosecution is commenced, an expiation notice
must be given to the alleged offender under the Expiation of Offences
Act 1996 .
(3) Expiation fees
(which may vary according to any factor) may be fixed by regulation for the
purposes of this section.
(7) Non-compliance
with subsection (2) does not invalidate a prosecution.
(8) For the purposes
of this section—
"simple cannabis offence" means—
(a) an
offence against section 33K(2) involving the cultivation (not being
artificially enhanced cultivation) of cannabis plants other than an offence
involving the cultivation of a number of cannabis plants in excess of the
number prescribed by regulation for the purposes of this paragraph; or
(b) an
offence against section 33L(2)(a) other than an offence involving the
possession of quantities of cannabis, cannabis resin or cannabis oil in excess
of the quantity prescribed by regulation for the purposes of this paragraph;
or
(c) an
offence against section 33L(2)(b) other than an offence alleged to have
been committed in—
(i)
a public place; or
(ii)
a place of a kind prescribed by regulation; or
(d) an
offence against section 33L(2)(c).