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—
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
specify the amount of the expiation fee, to whom the expiation fee is payable
and the period within which it is payable; and
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
(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—
being a prescribed amount payable in every case; and
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.