South Australian Numbered Acts

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6—Insertion of section 11A

After section 11—insert:

11A—Expiation enforcement warning notices

        (1)         If the issuing authority has received a 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, the issuing authority must, before taking action under this Act to enforce the expiation notice, send an expiation enforcement warning notice, in the prescribed form, to the alleged offender by post.

        (2)         The expiation enforcement warning notice—

            (a)         must contain a statement that the statutory declaration or other document is not accepted by the authority as a defence to the alleged offence or offences; and

            (b)         must specify the amount of the expiation fee, to whom the expiation fee is payable and the period within which it is payable; and

            (c)         must be accompanied by a notice in the prescribed form by which the alleged offender may elect to be prosecuted for the offence or any of the offences to which the expiation notice relates.

        (3)         No enforcement action can be taken under this Act in respect of an expiation notice until 14 clear days have elapsed from the date of the expiation enforcement warning notice.

        (4)         If an expiation enforcement warning notice is given to an alleged offender, the prescribed warning notice fee will be added to the unpaid expiation fee and, for the purposes of this Act, forms part of that fee.

        (5)         The prescribed warning notice fee may consist of two components—

            (a)         one being a prescribed amount payable in every case; and

            (b)         the other being an amount attributable to costs and expenses of a prescribed class (if any) incurred in relation to the matter.

        (6)         An expiation enforcement warning notice is not to be regarded as an expiation reminder notice for the purposes of any other law.

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