{"id":"expiation-of-offences-act-1996","name":"Expiation of Offences Act 1996","slug":"expiation-of-offences-act-1996","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32028,"registerId":"sa-expiation-of-offences-act-1996-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Expiation of Offences Act 1996","content":"South Australia\nExpiation of Offences Act 1996\nAn Act to provide for the expiation of minor offences.\n\nContents\n1\tShort title\n3\tApplication of Act\n4\tInterpretation\n5\tCertain offences may be expiated\n6\tExpiation notices\n7\tPayment by card\n8\tAlleged offender may elect to be prosecuted etc\n8A\tReview of notices on ground that offence is trifling\n11\tExpiation reminder notices\n11A\tExpiation enforcement warning notices\n12\tLate payment\n15\tEffect of expiation\n16\tWithdrawal of expiation notices\n17\tApplication of payments\n18\tProvision of information\n18A\tMinister may declare amnesty from payment of costs, fees and charges\n19\tNon-derogation\n19A\tService\n20\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Expiation of Offences Act 1996.\n3—Application of Act\n\t(1)\tThis Act applies only in relation to an expiation notice issued after the commencement of this Act.\n\t(2)\tThe provisions of this Act relating to trifling offences do not apply to offences of a class prescribed by regulation.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nChief Recovery Officer means the Chief Recovery Officer under the Fines Enforcement and Debt Recovery Act 2017;\nchild, in relation to an offence, means a person who was under the age of 16 years at the time the offence is alleged to have been committed;\ncommunity corrections officer means an officer or employee of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Correctional Services Act 1982 whose duties include the supervision of offenders in the community;\ncouncil means a council established under the Local Government Act 1934 and includes a controlling authority established under that Act;\nCourt means—\n\t(a)\tin relation to an expiation notice issued to a person who was under the age of 18 years at the time of the alleged offence—the Youth Court;\n\t(b)\tin relation to any other expiation notice—the Magistrates Court;\nexpiation period means the period specified in an expiation notice for payment of the expiation fee (in the absence of an arrangement under section 20 of the Fines Enforcement and Debt Recovery Act 2017);\nissuing authority means—\n\t(a)\tif an expiation notice is given by a member of the police force—the Commissioner of Police;\n\t(b)\tin any other case—the Minister, statutory authority or council on whose behalf an expiation notice is given.\n\t(2)\tAn alleged offence will, for the purposes of this Act, be regarded as trifling if, and only if, the circumstances surrounding the commission of the offence were such that the alleged offender ought to be excused from being given an expiation notice on the ground that—\n\t(a)\tthere were compelling humanitarian or safety reasons for the conduct that allegedly constituted the offence; or\n\t(b)\tthe alleged offender could not, in all the circumstances, reasonably have averted committing the offence; or\n\t(c)\tthe conduct allegedly constituting the offence was merely a technical, trivial or petty instance of a breach of the relevant enactment.\n\t(3)\tSubject to this Act and the Fines Enforcement and Debt Recovery Act 2017, a person expiates an offence if a person pays all of the amounts due under the expiation notice (including any levy payable under the Victims of Crime Act 2001) or such amounts are recovered from the person in accordance with this Act or the Fines Enforcement and Debt Recovery Act 2017.\n\t(4)\tFor the purposes of this and any other Act—\n\t(a)\tan offence expiated, or taken to have been expiated, under the Fines Enforcement and Debt Recovery Act 2017 will be taken to have been expiated in accordance with this Act; and\n\t(b)\tan expiation fee paid under the Fines Enforcement and Debt Recovery Act 2017 will be taken to have been paid under this Act.\n5—Certain offences may be expiated\n\t(1)\tIf an expiation fee is fixed by or under an Act, regulation or by-law in respect of an offence, an expiation notice may be given under this Act to a person alleged to have committed the offence and the alleged offence may accordingly be expiated in accordance with this Act.\n\t(2)\tSubsection (1) applies in relation to offences committed before or after the commencement of this Act.\n\t(3)\tSubject to subsection (4), a power under an Act to impose a penalty for the contravention of a regulation or by-law will be taken to include the power—\n\t(a)\tto provide that an alleged offence against the regulation or by-law may be expiated in accordance with this Act; and\n\t(b)\tto fix for that purpose an expiation fee not exceeding—\n\t(i)\tif the maximum fine prescribed for the offence is expressed as a divisional fine—a divisional expiation fee of the same division; or\n\t(ii)\tin any other case—\n\t(A)\t$315; or\n\t(B)\t25% of the maximum fine prescribed for the offence,\nwhichever is the lesser.\n\t(4)\tAn offence against a regulation or by-law that is an offence involving violence is not and cannot be, despite subsection (3) or the provisions of any other Act, an expiable offence.\nNotes—\n\t•\tVarious other Acts (eg the Controlled Substances Act 1984) provide that certain offences may be expiated in accordance with this Act.\n\t•\tSection 28A of the Acts Interpretation Act 1915 sets out a scale of divisional expiation fees for use when an expiation fee is expressed as a divisional fee (ie not in dollars).\n6—Expiation notices\n\t(1)\tAn expiation notice—\n\t(a)\tmay relate to up to 3 alleged offences arising out of the same incident (ie if they are committed contemporaneously, or in succession, one following immediately upon another); and\n\t(b)\tmust be in the prescribed form; and\n\t(c)\tmust specify that the expiation fee is to be paid within 28 days from (and including) the date of the notice unless an arrangement is entered into under section 20 of the Fines Enforcement and Debt Recovery Act 2017; and\n\t(d)\tmust specify to whom the expiation fee is payable; and\n\t(e)\tcannot be given after the expiry of the period of 6 months from the date on which the offence was, or offences were, alleged to have been committed; and\n\t(f)\tcannot be given to a person if a prosecution has been commenced against the person for the alleged offence or offences; and\n\t(g)\tcannot (except where some other Act provides otherwise) be given to a child; and\n\t(h)\tcannot, if the regulations or some other Act so provides in relation to a particular offence, be given to a person under the age of 18 years; and\n\t(ha)\tshould not be issued in respect of a trifling offence; and\n\t(i)\tif a vehicle is involved in the commission of the alleged offence or offences and is found unattended—may be addressed to the owner or driver of the vehicle without naming or otherwise identifying him or her; and\n\t(j)\tmay be given—\n\t(i)\tpersonally or by service on an employee or agent of the alleged offender; or\n\t(ii)\tby post addressed to the alleged offender's last known place of business or residence; or\n\t(iii)\tif a vehicle is involved in the commission of the alleged offence or offences and is found unattended—by affixing or placing the notice on that vehicle; and\n\t(k)\tmust 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.\nNote—\nCertain other Acts (eg the Local Government Act 1934 section 789D and the Road Traffic Act 1961 section 174A) require that an expiation notice given to the registered owner of a motor vehicle must be accompanied by a notice relating to the question of whether the owner was the driver at the time of the alleged offence.\n\t(2)\tIf an expiation notice is served on an employee or agent of the alleged offender, the employee or agent must, as soon as is reasonably practicable after receiving the notice, give the notice to his or her employer or principal.\nMaximum penalty: $50.\n\t(3)\tAn expiation notice may only be given by—\n\t(a)\ta member of the police force; or\n\t(b)\ta person who is authorised in writing by—\n\t(i)\tthe Minister responsible for the administration of the Act against which the offence is alleged to have been committed; or\n\t(ii)\tthe statutory authority or council responsible for the enforcement of the provision against which the offence is alleged to have been committed,\nto give expiation notices for the alleged offence; or\n\t(c)\ta person who is authorised to give expiation notices for the alleged offence by or under the Act against which the offence is alleged to have been committed.\n\t(4)\tIf an officer or employee of a council is authorised by or under an Act to exercise powers as an inspector (or other authorised person) for the purposes of the enforcement of a provision of that Act, the officer or employee—\n\t(a)\tis authorised to give an expiation notice for an alleged offence against that provision; and\n\t(b)\tin giving such a notice, will be taken to be doing so on behalf of the council.\n\t(5)\tSubject to subsection (6), if an expiation notice is given to an alleged offender, no further expiation notice can be given to that person in respect of any other alleged expiable offence arising out of the same incident.\n\t(6)\tIf the expiation notice already given to the alleged offender relates to an offence, or offences, against the Road Traffic Act 1961 or the Motor Vehicles Act 1959, a further expiation notice may be given to him or her in respect of an alleged offence against section 74, 75A, 81, 81A or 81AB of the Motor Vehicles Act 1959.\n7—Payment by card\nAny amount payable under an expiation notice may be paid by using a credit card, charge card or debit card, if facilities for their use are available in relation to the payment to be made.\n8—Alleged offender may elect to be prosecuted etc\n\t(1)\tAn alleged offender may, by notice in the prescribed form given personally or by post to the issuing authority, elect to be prosecuted for the offence or any of the offences to which the expiation notice relates.\n\t(2)\tAn election to be prosecuted for an offence cannot be made after—\n\t(a)\tif the alleged offender enters into an arrangement under section 20 of the Fines Enforcement and Debt Recovery Act 2017—the day on which the arrangement is entered into; or\n\t(b)\tin any other case—the day on which an enforcement determination is made under section 22 of the Fines Enforcement and Debt Recovery Act 2017 in relation to the expiation notice.\n\t(2a)\tHowever, if an enforcement determination made under section 22 of the Fines Enforcement and Debt Recovery Act 2017 is revoked on the ground that the alleged offender had not had a reasonable opportunity to elect under this section to be prosecuted for an offence to which the expiation notice relates, an election to be prosecuted for the offence may be made within 14 days of the alleged offender being notified of the revocation.\n\t(3)\tIf an election is made under this section, the expiation notice will be taken to have been withdrawn in respect of the offence to which the election relates.\n8A—Review of notices on ground that offence is trifling\n\t(1)\tA person who has been given an expiation notice issued after the commencement of this section may apply to the issuing authority for a review of the notice on the ground that an offence to which the notice relates is trifling.\n\t(2)\tThe issuing authority is not obliged to conduct an inquiry on the application but may require the applicant to provide further information.\n\t(3)\tAn issuing authority may require information contained in, or supporting, an application for review to be verified by statutory declaration.\n\t(4)\tAn application made under this section must be determined by the issuing authority before it can provide the Chief Recovery Officer with relevant particulars under section 22 of the Fines Enforcement and Debt Recovery Act 2017 in respect of the offence to which the application relates.\n\t(5)\tIf the issuing authority is satisfied that the offence is trifling, the authority must, by notice in writing given personally or by post to the alleged offender, withdraw the notice in respect of that offence.\n\t(6)\tHowever, an expiation notice cannot be withdrawn under this section in respect of an offence if—\n\t(a)\tany amount due under the notice in respect of that offence has been paid; or\n\t(b)\tthe alleged offender has entered into an arrangement under section 20 of the Fines Enforcement and Debt Recovery Act 2017; or\n\t(c)\tan enforcement determination has been made under section 22 of the Fines Enforcement and Debt Recovery Act 2017 in relation to the expiation notice.\n\t(6a)\tHowever, if an enforcement determination made under section 22 of the Fines Enforcement and Debt Recovery Act 2017 is revoked on the ground that the alleged offender had not had a reasonable opportunity to apply for review of the notice under this section, and the alleged offender makes an application under this section within 14 days of being notified of the revocation, the expiation notice may be withdrawn under this section.\n\t(7)\tIf an expiation notice is withdrawn under this section in respect of an offence, no further expiation notice may be issued in respect of that offence.\n11—Expiation reminder notices\n\t(1)\tIf, by the end of the expiation period, an alleged offender has neither paid the expiation fee nor entered into an arrangement under section 20 of the Fines Enforcement and Debt Recovery Act 2017 and the issuing authority has not 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, the issuing authority must, before it takes any action under this Act or the Fines Enforcement and Debt Recovery Act 2017 to enforce the expiation notice, give an expiation reminder notice, in the prescribed form, to the alleged offender.\n\t(1a)\tAn expiation reminder notice—\n\t(a)\tmust specify the amount of the expiation fee and to whom the expiation fee is payable; and\n\t(b)\tmust be accompanied by—\n\t(i)\ta 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 notice relates; and\n\t(ii)\tif the notice is issued to the owner of a motor vehicle involved in the alleged offence and the expiation reminder notice is required to be accompanied by a notice relating to the owner sending the issuing authority a nomination, statutory declaration or other document—a form suitable for use as the nomination, statutory declaration or other document (as the case may require).\nNote—\nCertain other Acts and regulations (eg the Local Government Act 1934 section 789D and the Road Traffic Act 1961 section 174A) require that the expiation reminder notice sent to the registered owner of a motor vehicle must be accompanied by a notice relating to the question of whether the owner was the driver at the time of the alleged offence.\n\t(3)\tIf a reminder notice is given to an alleged offender, the prescribed reminder notice fee will be added to the unpaid expiation fee and, for the purposes of this Act and the Fines Enforcement and Debt Recovery Act 2017, forms part of that fee.\n11A—Expiation enforcement warning notices\n\t(1)\tIf 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, the issuing authority must, before taking action under this Act or the Fines Enforcement and Debt Recovery Act 2017 to enforce the expiation notice, give an expiation enforcement warning notice, in the prescribed form, to the alleged offender.\n\t(2)\tThe expiation enforcement warning notice—\n\t(a)\tmust contain a statement that the nomination, statutory declaration or other document is not accepted by the authority as a defence to the alleged offence or offences; and\n\t(b)\tmust specify the amount of the expiation fee and to whom the expiation fee is payable; and\n\t(c)\tmust 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.\n\t(4)\tIf 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 and the Fines Enforcement and Debt Recovery Act 2017, forms part of that fee.\n\t(6)\tAn expiation enforcement warning notice is not to be regarded as an expiation reminder notice for the purposes of any other law.\n12—Late payment\nThe issuing authority may accept late payment of the amount due under an expiation notice at any time before an enforcement determination is made under section 22 of the Fines Enforcement and Debt Recovery Act 2017.\n15—Effect of expiation\n\t(1)\tSubject to this Act, if the offence, or offences, to which an expiation notice relates are expiated in accordance with this Act, the alleged offender is not liable to prosecution for that offence or those offences or any other expiable offence arising out of the same incident.\n\t(2)\tSubject to this Act, if an expiation notice is given in respect of an offence, or offences, arising out of the use of a motor vehicle and that offence, or those offences, are expiated in accordance with this Act, no person is liable to prosecution for that offence, or those offences, or any other expiable offence arising out of the same incident except for an offence that is the subject of another expiation notice.\n\t(3)\tIf—\n\t(a)\tan expiation notice relates to more than one offence; and\n\t(b)\tthe alleged offender expiates one or more of those offences but not all of them,\nthe alleged offender is liable to prosecution for any offence that is not expiated.\n\t(4)\tThe expiation of an offence under this Act (or the entry into an arrangement under this Act or the Fines Enforcement and Debt Recovery Act 2017)—\n\t(a)\tdoes not constitute an admission of guilt or of any civil liability; and\n\t(b)\twill not be regarded as evidence tending to establish guilt or any civil liability; and\n\t(c)\tcannot be referred to in any report furnished to a court for the purposes of determining sentence for any offence.\n\t(5)\tHowever, if anything seized under an Act in connection with the alleged offence would be liable to forfeiture in the event of a conviction or finding of guilt, that thing is, on expiation of the alleged offence under this Act, forfeited to the Crown.\n16—Withdrawal of expiation notices\n\t(1)\tThe issuing authority may withdraw an expiation notice with respect to all or any of the alleged offences to which the notice relates if—\n\t(a)\tthe authority is of the opinion that the alleged offender did not commit the offence, or offences, or that the notice should not have been given with respect to the offence, or offences; or\n\t(ab)\tthe authority receives 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\n\t(ac)\tthe notice is defective; or\n\t(ad)\tthe authority is of the opinion that the alleged offender is suffering from a cognitive impairment that excuses the alleged offending; or\n\t(b)\tthe authority decides that the alleged offender should be prosecuted for the offence, or offences.\n\t(2)\tAn expiation notice may be withdrawn under subsection (1) despite payment of an expiation fee or an instalment, but in that event the amount paid must be refunded.\n\t(3)\tHowever, an expiation notice cannot be withdrawn for the purposes of prosecuting the alleged offender for an offence if—\n\t(a)\tan enforcement determination has been made under section 22 of the Fines Enforcement and Debt Recovery Act 2017 in relation to the expiation notice; or\n\t(b)\tthe period of 60 days from the date of the notice has expired.\n\t(5)\tIf an expiation notice is withdrawn under subsection (1), a prosecution for an offence to which the notice related may be commenced, but the fact that the defendant paid an expiation fee or entered into arrangement under section 20 of the Fines Enforcement and Debt Recovery Act 2017 is not admissible in those proceedings as evidence against the defendant.\n\t(6)\tSubject to subsection (7), the issuing authority must withdraw an expiation notice if it becomes 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.\n\t(7)\tAn expiation notice cannot be withdrawn under subsection (6) if the alleged offender has paid the expiation fee or any instalment or other amount due under the notice.\n\t(9)\tThe withdrawal of an expiation notice under this section is effected by giving written notice of the withdrawal, personally or by post, to the person to whom the expiation notice was given.\n\t(10)\tThe notice of withdrawal must specify the reason for withdrawal.\n\t(11)\tIf an expiation notice is withdrawn under this section and the notice of withdrawal does not specify that the notice is withdrawn for the purposes of prosecuting the alleged offender—\n\t(a)\tthe issuing authority must, if an enforcement determination has been made under section 22 of the Fines Enforcement and Debt Recovery Act 2017, inform the Chief Recovery Officer of the withdrawal of the notice; and\n\t(b)\tany aggregation determination under section 9 of the Fines Enforcement and Debt Recovery Act 2017 in relation to the notice will be taken to have been revoked; and\n\t(ba)\tany enforcement determination made under the Fines Enforcement and Debt Recovery Act 2017 in respect of the notice will be taken to have been revoked (and any subsequent enforcement action is discontinued or rescinded); and\n\t(c)\tthe issuing authority cannot prosecute the alleged offender for an alleged offence to which the withdrawal related unless the alleged offender has been given a fresh expiation notice and allowed the opportunity to expiate the offence.\n\t(11a)\tIf an expiation notice is withdrawn—\n\t(a)\tafter an arrangement has been entered into under section 20 of the Fines Enforcement and Debt Recovery Act 2017 in relation to the notice—section 20(21) of that Act is taken never to have applied in relation to that arrangement; or\n\t(b)\tafter an enforcement determination has been made under section 22 of the Fines Enforcement and Debt Recovery Act 2017 in relation to the notice—section 22(4) of that Act is taken never to have applied in relation to that determination.\n\t(12)\tIf an expiation notice for an offence against section 79B of the Road Traffic Act 1961 is withdrawn and the notice of withdrawal specifies that the notice is withdrawn under subsection (1)(ab), the period within which—\n\t(a)\ta fresh expiation notice may be given to the alleged offender in respect of the offence; or\n\t(b)\tan expiation notice may be given in respect of the prescribed offence (within the meaning of that section) that gave rise to the offence,\nis extended to 1 year from the date of commission of the alleged offence.\n\t(13)\tIf an expiation notice is withdrawn and the notice of withdrawal specifies that the notice is withdrawn under subsection (6), the period within which a fresh expiation notice may be given to the alleged offender in respect of the offence or offences to which the withdrawal related is extended to 1 year from the date of commission of the alleged offence or offences.\n\t(14)\tIn this section—\ncognitive impairment includes the following:\n\t(a)\ta developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder);\n\t(b)\tan acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder);\n\t(c)\ta mental illness.\n17—Application of payments\n\t(1)\tUnless a contrary intention is indicated in a particular Act and subject to subsection (2), money received by way of amounts due under expiation notices (other than any part of such amounts attributable to the levy under the Victims of Crime Act 2001) will be paid into the Consolidated Account.\n\t(2)\tSubject to subsection (3), a statutory authority or council is entitled to any expiation fee paid under this Act pursuant to an expiation notice, or recovered on enforcement of an expiation notice, that was issued by or on behalf of the authority or council.\n\t(3)\tIf an expiation notice is issued by or on behalf of a statutory authority or council as a result of the reporting of an offence by a member of the police force or other officer of the Crown, half of the amount of any expiation fee paid pursuant to the notice or recovered on enforcement of the notice must be paid into the Consolidated Account.\n18—Provision of information\n\t(1)\tEach issuing authority must enter into an agreement with the Chief Recovery Officer in relation to—\n\t(a)\tthe manner in which the Chief Recovery Officer is to provide information to the issuing authority in relation to action taken by the Chief Recovery Officer in respect of an expiation notice issued by the issuing authority; and\n\t(b)\tthe manner in which the issuing authority is to provide information to the Chief Recovery Officer in relation to the issuing of an expiation notice by the issuing authority or any other action taken by the issuing authority in respect of an expiation notice so issued.\n\t(2)\tAn agreement will be taken to contain any provisions prescribed by the regulations.\n18A—Minister may declare amnesty from payment of costs, fees and charges\n\t(1)\tThe Minister may from time to time declare an amnesty from the payment of the whole or any part of 1 or more of the following:\n\t(a)\tcosts, fees (other than an expiation fee) and charges under this Act;\n\t(b)\tcosts and fees (other than an expiation fee) under this Act as in force immediately before the commencement of Part 5 of the Statutes Amendment (Fines Enforcement and Recovery) Act 2013.\n\t(2)\tAn amnesty—\n\t(a)\tmust be declared by notice in the Gazette; and\n\t(b)\tapplies—\n\t(i)\tin relation to an alleged offender, or a class of alleged offenders; and\n\t(ii)\tto the extent,\nspecified in the notice; and\n\t(c)\tis subject to the terms and conditions (if any) set out in the notice.\n\t(3)\tThe Minister may vary or revoke the declaration of an amnesty under subsection (1) by notice in the Gazette.\n19—Non-derogation\nThis Act does not derogate from the provisions of any other Act that relate to the expiation of offences.\n19A—Service\nSubject to this Act, a notice, determination or other document required or authorised to be given or served under this Act may be given or served personally, by post or by transmitting it by email to an email address provided by the intended recipient (in which case the notice, determination or document will be taken to have been given or served at the time of transmission).\n20—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprescribe, or provide for the calculation of, any costs, fees or charges for the purposes of this Act;\n\t(b)\texempt any person or class of persons from the obligation to pay costs, fees or charges so prescribed;\n\t(c)\tprescribe penalties, not exceeding $5 000, for breach of, or non‑compliance with, a regulation.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\tprovide that a specified provision of this Act does not apply, or applies with prescribed variations, to any person, circumstance or situation (or person, circumstance or situation of a prescribed class) specified by the regulations, subject to any condition to which the regulations are expressed to be subject; and\n\t(d)\tprovide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Chief Recovery Officer or another prescribed person.\n\t(4)\tThe regulations may make provisions of a savings or transitional nature consequent on the commencement of any provisions of this Act (including provisions of a transitional nature modifying any provisions of this Act).\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1996\n27\nExpiation of Offences Act 1996\n2.5.1996\n3.2.1997 (Gazette 19.12.1996 p1922)\n1998\n60\nStatutes Amendment (Fine Enforcement) Act 1998\n3.9.1998\nPt 6 (ss 31—38)—6.3.2000 (Gazette 18.11.1999 p2358)\n1999\n52\nMotor Vehicles (Miscellaneous) Amendment Act 1999\n12.8.1999\ns 95—17.6.2001 (Gazette 7.6.2001 p2144)\n2000\n57\nStatutes Amendment and Repeal (Attorney-General's Portfolio) Act 2000\n20.7.2000\nPt 12 (ss 26 and 27)—1.10.2000 (Gazette 28.9.2000 p2221)\n2001\n11\nExpiation of Offences (Trifling Offences) Amendment Act 2001\n12.4.2001\n29.10.2001 (Gazette 25.10.2001 p4686)\n2001\n58\nVictims of Crime Act 2001\n15.11.2001\nSch 2 (cl 5)—1.1.2003 (Gazette 19.12.2002 p4736)\n2002\n33\nStatutes Amendment (Attorney-General's Portfolio) Act 2002\n28.11.2002\nPt 7 (s 11)—3.3.2003 (Gazette 27.2.2003 p807)\n2003\n53\nStatutes Amendment (Expiation of Offences) Act 2003\n4.12.2003\nPt 2—18.12.2003 (Gazette 18.12.2003 p4527) except ss 5 & 6—4.12.2005 (s 7(5) Acts Interpretation Act 1915)\n2013\n31\nStatutes Amendment (Fines Enforcement and Recovery) Act 2013\n1.8.2013\nPt 6 (ss 18—32)—3.2.2014 (Gazette 30.1.2014 p422)\n2017\n71\nFines Enforcement and Debt Recovery Act 2017\n12.12.2017\nSch 1 (cl 36)—12.12.2017; Sch 1 (cll 11 to 24) & (cl 35)—30.4.2018 (Gazette 6.2.2018 p609)\n2021\n17\nStatutes Amendment (Transport Portfolio) Act 2021\n20.5.2021\nPt 3 (ss 5 to 7)—11.5.2023 (Gazette 11.5.2023 p929)\nProvisions amended\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\ns 2\nomitted under Legislation Revision and Publication Act 2002\n18.12.2003\ns 3\n\n\ns 3(1)\ns 3 redesignated as s 3(1) by 11/2001 s 3\n29.10.2001\ns 3(2)\ninserted by 11/2001 s 3\n29.10.2001\ns 4\n\n\ns 4(1)\ns 4 redesignated as s 4(1) by 11/2001 s 4\n29.10.2001\nChief Recovery Officer\ninserted by 71/2017 Sch 1 cl 11(1)\n30.4.2018\ncommunity corrections officer\ninserted by 31/2013 s 18(1)\n3.2.2014\nexpiation period\namended by 31/2013 s 18(2)\n3.2.2014\n\namended by 71/2017 Sch 1 cl 11(2)\n30.4.2018\nFines Enforcement and Recovery Officer\ninserted by 31/2013 s 18(3)\n3.2.2014\n\ndeleted by 71/2017 Sch 1 cl 11(3)\n30.4.2018\nthe Manager, Penalty Management\ninserted by 60/1998 s 31\n6.3.2000\n\ndeleted by 31/2013 s 18(4)\n3.2.2014\nprotected person\ninserted by 31/2013 s 18(4)\n3.2.2014\n\ndeleted by 71/2017 Sch 1 cl 11(4)\n30.4.2018\nRegistrar\ndeleted by 31/2013 s 18(4)\n3.2.2014\ns 4(2)\ninserted by 11/2001 s 4\n29.10.2001\ns 4(3)\ninserted by 31/2013 s 18(5)\n3.2.2014\n\namended by 71/2017 Sch 1 cl 11(5), (6)\n30.4.2018\ns 4(4)\ninserted by 71/2017 Sch 1 cl 11(7)\n30.4.2018\ns 6\n\n\ns 6(1)\namended by 60/1998 s 32\n6.3.2000\n\namended by 11/2001 s 5\n29.10.2001\n\namended by 31/2013 s 19\n3.2.2014\ns 6(5)\namended by 52/1999 s 95\n17.6.2001\n\namended by 53/2003 s 4(1), (2)\n18.12.2003\ns 6(6)\ns 6(5) dot point designated as s 6(6) by 53/2003 s 4(3)\n18.12.2003\ns 7\namended by 60/1998 s 33\n6.3.2000\n\namended by 31/2013 s 20\n3.2.2014\ns 8\n\n\ns 8(2)\nsubstituted by 31/2013 s 21\n3.2.2014\n\namended by 71/2017 Sch 1 cl 12(1), (2)\n30.4.2018\ns 8(2a)\ninserted by 71/2017 Sch 1 cl 12(3)\n30.4.2018\ns 8A\ninserted by 11/2001 s 6\n29.10.2001\ns 8A(4)\namended by 31/2013 s 22(1)\n3.2.2014\n\namended by 71/2017 Sch 1 cl 13(1)\n30.4.2018\ns 8A(6)\nsubstituted by 31/2013 s 22(2)\n3.2.2014\n\namended by 71/2017 Sch 1 cl 13(2), (3)\n30.4.2018\ns 8A(6a)\ninserted by 71/2017 Sch 1 cl 13(4)\n30.4.2018\ns 9 before substitution by 31/2013\n\n\ns 9(4)\namended by 60/1998 s 34(a)\n6.3.2000\ns 9(6)\nsubstituted by 60/1998 s 34(b)\n6.3.2000\ns 9(7) and (8)\ndeleted by 60/1998 s 34(b)\n6.3.2000\ns 9(9)\namended by 60/1998 s 34(c)\n6.3.2000\ns 9(16)\ndeleted by 60/1998 s 34(d)\n6.3.2000\ns 9(18)\ndeleted by 60/1998 s 34(e)\n6.3.2000\ns 9\nsubstituted by 31/2013 s 23\n3.2.2014\n\ndeleted by 71/2017 Sch 1 cl 14\n30.4.2018\ns 10\ndeleted by 31/2013 s 23\n3.2.2014\ns 11\n\n\ns 11(1)\namended by 53/2003 s 5(1)\n4.12.2005\n\namended by 31/2013 s 24(1)\n3.2.2014\n\namended by 71/2017 Sch 1 cl 15(1)—(4)\n30.4.2018\n\namended by 17/2021 s 5(1)\n11.5.2023\ns 11(1a)\ninserted by 53/2003 s 5(2)\n4.12.2005\n\namended by 31/2013 s 24(2)\n3.2.2014\n\namended by 17/2021 s 5(2)\n11.5.2023\ns 11(2)\ndeleted by 31/2013 s 24(3)\n3.2.2014\ns 11(3)\namended by 71/2017 Sch 1 cl 15(5)\n30.4.2018\ns 11(4)\ndeleted by 31/2013 s 24(4)\n3.2.2014\ns 11A\ninserted by 53/2003 s 6\n4.12.2005\ns 11A(1)\namended by 71/2017 Sch 1 cl 16(1)—(3)\n30.4.2018\n\namended by 17/2021 s 6(1)\n11.5.2023\ns 11A(2)\namended by 31/2013 s 25(1)\n3.2.2014\n\namended by 17/2021 s 6(2)\n11.5.2023\ns 11A(3)\ndeleted by 31/2013 s 25(2)\n3.2.2014\ns 11A(4)\namended by 71/2017 Sch 1 cl 16(4)\n30.4.2018\ns 11A(5)\ndeleted by 31/2013 s 25(3)\n3.2.2014\ns 12\namended by 58/2001 Sch 2 cl 5\n1.1.2003\n\nsubstituted by 31/2013 s 26\n3.2.2014\n\namended by 71/2017 Sch 1 cl 17\n30.4.2018\ns 13 before substitution by 31/2013\n\n\ns 13(1)\namended by 60/1998 s 35(a)\n6.3.2000\ns 13(2)\namended by 60/1998 s 35(b)\n6.3.2000\ns 13(6)\namended by 60/1998 s 35(c)\n6.3.2000\n\namended by 53/2003 s 7\n18.12.2003\ns 13\nsubstituted by 31/2013 s 26\n3.2.2014\n\ndeleted by 71/2017 Sch 1 cl 18\n30.4.2018\ns 14 before substitution by 31/2013\n\n\ns 14(1)\namended by 33/2002 s 11(a)\n3.3.2003\ns 14(3)\namended by 60/1998 s 36\n6.3.2000\n\namended by 57/2000 s 26(a)\n1.10.2000\ns 14(5)\nsubstituted by 57/2000 s 26(b)\n1.10.2000\ns 14(5a)\ninserted by 57/2000 s 26(b)\n1.10.2000\n\namended by 53/2003 s 8\n18.12.2003\ns 14(6)\namended by 33/2002 s 11(b)\n3.3.2003\ns 14(7) and (8)\ninserted by 33/2002 s 11(c)\n3.3.2003\ns 14\nsubstituted by 31/2013 s 26\n3.2.2014\n\ndeleted by 71/2017 Sch 1 cl 18\n30.4.2018\nss 14A and 14B\ninserted by 31/2013 s 26\n3.2.2014\n\ndeleted by 71/2017 Sch 1 cl 18\n30.4.2018\ns 15\n\n\ns 15(4)\namended by 31/2013 s 27(1)\n3.2.2014\n\namended by 71/2017 Sch 1 cl 19\n30.4.2018\ns 15(5)\namended by 31/2013 s 27(2)\n3.2.2014\ns 16\n\n\ns 16(1)\namended by 53/2003 s 9(1), (2)\n18.12.2003\n\namended by 71/2017 Sch 1 cl 20(1)\n30.4.2018\n\namended by 17/2021 s 7\n11.5.2023\ns 16(2)\namended by 57/2000 s 27(a)\n1.10.2000\ns 16(3)\nsubstituted by 60/1998 s 37\n6.3.2000\n\namended by 31/2013 s 28(1), (2)\n3.2.2014\ns 16(4)\ndeleted by 57/2000 s 27(b)\n1.10.2000\ns 16(5)\namended by 57/2000 s 27(c)\n1.10.2000\n\namended by 31/2013 s 28(3)\n3.2.2014\ns 16(6)\ninserted by 57/2000 s 27(d)\n1.10.2000\n\namended by 71/2017 Sch 1 cl 20(2)\n30.4.2018\ns 16(7)\ninserted by 57/2000 s 27(d)\n1.10.2000\ns 16(8)\ninserted by 57/2000 s 27(d)\n1.10.2000\n\ndeleted by 53/2003 s 9(3)\n18.12.2003\ns 16(9)\ninserted by 57/2000 s 27(d)\n1.10.2000\ns 16(10)\ninserted by 53/2003 s 9(4)\n18.12.2003\ns 16(11)\ninserted by 53/2003 s 9(4)\n18.12.2003\n\namended by 31/2013 s 28(4)\n3.2.2014\n\namended by 71/2017 Sch 1 cl 20(3)—(5)\n30.4.2018\ns 16(11a)\ninserted by 31/2013 s 28(5)\n3.2.2014\n\namended by 71/2017 Sch 1 cl 20(6)—(9)\n30.4.2018\ns 16(12) and (13)\ninserted by 53/2003 s 9(4)\n18.12.2003\ns 16(14)\ninserted by 71/2017 Sch 1 cl 20(10)\n30.4.2018\ns 17\n\n\ns 17(1)\namended by 31/2013 s 29\n3.2.2014\ns 18\nsubstituted by 31/2013 s 30\n3.2.2014\ns 18(1)\namended by 71/2017 Sch 1 cl 21(1), (2)\n30.4.2018\ns 18A\ninserted by 60/1998 s 38\n6.3.2000\n\nsubstituted by 31/2013 s 30\n3.2.2014\ns 18B\ninserted by 11/2001 s 7\n29.10.2001\n\nsubstituted by 31/2013 s 30\n3.2.2014\n\ndeleted by 71/2017 Sch 1 cl 22\n30.4.2018\nss 18C—18E\ninserted by 31/2013 s 30\n3.2.2014\n\ndeleted by 71/2017 Sch 1 cl 22\n30.4.2018\ns 19A\ninserted by 71/2017 Sch 1 cl 23\n30.4.2018\ns 20\n\n\ns 20(1)\ns 20 redesignated as s 20(1) by 31/2013 s 31\n3.2.2014\ns 20(2)\ninserted by 31/2013 s 31\n3.2.2014\ns 20(3)\ninserted by 31/2013 s 31\n3.2.2014\n\namended by 71/2017 Sch 1 cl 24\n30.4.2018\ns 20(4)\ninserted by 31/2013 s 31\n3.2.2014\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Fine Enforcement) Act 1998, Sch\n10—Community service under repealed s 9(4)(b)\nIf an order for community service made under section 9(4)(b) of the principal Act in respect of a person was in force immediately before the commencement of this Act, the order continues in force and, for that purpose, the principal Act (as in force immediately before the commencement of this Act) continues to apply.\nStatutes Amendment (Fines Enforcement and Recovery) Act 2013\n32—Transitional provisions\n\t(1)\tSubject to this section and to any regulations made under section 20(4) of the principal Act (as inserted by this Act), the principal Act as in force immediately after the commencement day applies in relation to an expiation notice whether given before or after the commencement day.\n\t(2)\tIf an order for relief has been made in relation to an expiation notice given before the commencement day, the principal Act as in force before the commencement day continues to apply in relation to the expiation notice unless the order for relief is cancelled (in which case the principal Act as in force immediately after the commencement day applies in relation to the expiation notice as if an arrangement under section 9 of the principal Act relating to the expiation notice had terminated).\n\t(3)\tFor the avoidance of doubt, if an order for relief referred to in subsection (2) is cancelled, section 10 of the principal Act (as in force immediately before the commencement day) does not apply in relation to the cancellation.\n\t(4)\tThe Registrar (within the meaning of the principal Act as in force immediately before the commencement day) may—\n\t(a)\twith the agreement of the alleged offender, vary an order for relief referred to in subsection (2); and\n\t(b)\tdelegate any functions and powers relating to an order for relief referred to in subsection (2) to the Fines Enforcement and Recovery Officer.\n\t(5)\tA power or function delegated under subsection (4)(b) may, if the instrument of delegation so provides, be further delegated.\n\t(6)\tA delegation under subsection (4)(b)—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the delegator to act personally in a matter; and\n\t(c)\tis revocable at will; and\n\t(d)\toperates despite any direction under section 18A of the principal Act (as in force before the commencement day).\n\t(7)\tIn this section—\nprincipal Act means the Expiation of Offences Act 1996;\ncommencement day means the day on which this Part comes into operation.\nFines Enforcement and Debt Recovery Act 2017, Sch 1 Pt 8—Transitional provisions etc\n35—Transitional provisions\n\t(1)\tSubject to this clause and to any regulations made under section 76(4)—\n\t(a)\tPart 7 applies in relation to enforcement of a pecuniary sum or expiation notice regardless of whether the liability to pay the pecuniary sum or expiation amount arose before or after the commencement day; and\n\t(b)\tsection 9 applies to an expiation amount regardless of whether the liability to pay the expiation amount arose before or after the commencement day; and\n\t(c)\tthis Act applies in relation to an expiation notice whether given before or after the commencement day.\n\t(2)\tA request for the making of an aggregation determination made under section 61 of the Criminal Law (Sentencing) Act 1988 before the commencement day will, if it has not been determined before that day, be taken to have been made under section 9 of this Act.\n\t(3)\tIf, immediately before the commencement day, a debtor is subject to, or taken to be subject to, an arrangement with the Fines Enforcement and Recovery Officer under section 70 of the Criminal Law (Sentencing) Act 1988, the arrangement continues as if it were an arrangement with the Chief Recovery Officer under section 15 of this Act (but such an arrangement is, despite the provisions of section 15, to have effect according to its terms).\n\t(4)\tProceedings in respect of an application commenced by the Fines Enforcement and Recovery Officer under section 70U of the Criminal Law (Sentencing) Act 1988 that are not finally determined before the commencement day will continue from that day as if the application had been made by the Chief Recovery Officer under section 46 of this Act.\n\t(5)\tA community service order made by the Court under section 70U of the Criminal Law (Sentencing) Act 1988 that is in force immediately before the commencement day will continue to operate on and from the commencement day as if the order were a community service order made by the Court under section 46 of this Act.\n\t(6)\tIf, immediately before the commencement day, an alleged offender is subject to an arrangement with the Fines Enforcement and Recovery Officer under section 9 of the Expiation of Offences Act 1996, the arrangement continues as if it were an arrangement with the Chief Recovery Officer under section 20 of this Act (but such an arrangement is, despite the provisions of section 20, to have effect according to its terms).\n\t(7)\tIf, immediately before the commencement day, an enforcement determination is in force under section 13 of the Expiation of Offences Act 1996 in relation to an expiation notice, the determination will continue to operate as if it were an enforcement determination made by the Chief Recovery Officer under section 22 of this Act.\n\t(8)\tAn application made under section 13(4)(b) of the Expiation of Offences Act 1996 as in force immediately before the commencement day that has not been finally determined before that day will, if it was made within 30 days of notice of the enforcement determination to which it relates being given, sent or published, be taken to have been made under section 22(5)(b)(i) of this Act.\n\t(9)\tA charge on land imposed under section 70G of the Criminal Law (Sentencing) Act 1988 as in force before the commencement day continues as if it were a charge on land imposed under section 33 of this Act on or after the commencement day.\n\t(10)\tIf the Fines Enforcement and Recovery Officer has, before the commencement day, issued a notice, made a request or required a person to do something under a provision of the Expiation of Offences Act 1996 or Part 9 Division 3 of the Criminal Law (Sentencing) Act 1988, and the notice, request or requirement has not been complied with before the commencement day, the notice will be taken to have been issued, or the request or requirement will be taken to have been made, under the corresponding provision of this Act.\n\t(11)\tIf the Fines Enforcement and Recovery Officer has, before the commencement day, exercised a power under a provision of Part 9 Division 3 Subdivision 4 of the Criminal Law (Sentencing) Act 1988 in connection with enforcement action against a debtor or alleged offender, and the enforcement action has not concluded before that day—\n\t(a)\tthe power will be taken to have been exercised under the corresponding provision of Part 7 of this Act; and\n\t(b)\ta written determination of the Fines Enforcement and Recovery Officer made under a provision of the Criminal Law (Sentencing) Act 1988 in connection with the exercise of the power will be taken to be a determination made by the Chief Recovery Officer under the corresponding provision of this Act; and\n\t(c)\tany other action taken by the Fines Enforcement and Recovery Officer under a provision of the Criminal Law (Sentencing) Act 1988 in connection with the exercise of the power will be taken to have been done under the corresponding provision of this Act.\n\t(12)\tWithout derogating from any powers or functions that may be exercised in accordance with subclause (1), a relevant order continues in operation after the commencement day.\n\t(13)\tPart 9 Division 3 of the Criminal Law (Sentencing) Act 1988 as in force before the commencement of the Statutes Amendment (Fines Enforcement and Recovery) Act 2013 (other than Subdivision 7) continues to apply in relation to a relevant order continued in operation under subclause (12) as if references in that Division to the Manager, the Registrar or an authorised officer were references to the Chief Recovery Officer.\n\t(14)\tHowever, the Chief Recovery Officer may, with the consent of the relevant debtor, revoke a relevant order continued in operation under subclause (12).\n\t(15)\tDespite section 26, no amount is payable under that section in relation to an amount that is taken to be a pecuniary sum imposed by order of a court by virtue of the making of an enforcement order under section 13 of the Expiation of Offences Act 1996 before the commencement of section 26 of the Statutes Amendment (Fines Enforcement and Recovery) Act 2013.\n\t(16)\tA person who holds office as an authorised officer under section 56A of the Criminal Law (Sentencing) Act 1988 immediately before the commencement day will be taken to have been appointed as an authorised officer under section 67 (and any conditions to which the appointment is subject under section 56A of the Criminal Law (Sentencing) Act 1988 will, subject to section 67(3), continue to apply to the appointment).\n\t(17)\tIn this clause—\ncommencement day means the day on which this clause comes into operation;\nrelevant order means a penalty enforcement order (and any warrant or order issued in relation to the penalty enforcement order) made under Part 9 Division 3 of the Criminal Law (Sentencing) Act 1988 as in force before the commencement of Part 4 of the Statutes Amendment (Fines Enforcement and Recovery) Act 2013.\n36—Validation provision\nAny enforcement determination purportedly made by the Fines Enforcement and Recovery Officer under section 13 of the Expiation of Offences Act 1996 before the day on which this clause comes into operation is declared to have been validly made notwithstanding that there was not compliance with the requirements of subsection (1) or (2) of that section.\nHistorical versions\nReprint No 1—6.3.2000\n\nReprint No 2—1.10.2000\n\nReprint No 3—17.6.2001\n\nReprint No 4—29.10.2001\n\nReprint No 5—1.1.2003\n\nReprint No 6—3.3.2003\n\n18.12.2003\n\n4.12.2005\n\n3.2.2014\n\n30.4.2018\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original framework for expiating minor offences has been modified and integrated with other enforcement machinery since enactment. Key scope changes set out in the text include: the Act's enforcement and recovery functions are linked to the state fines-recovery agency (the Chief Recovery Officer) and the Fines Enforcement and Debt Recovery Act 2017 (see definition of Chief Recovery Officer inserted and cross-references at s4(1), s4(3)–(4); see also ss8, 11, 16 and transitional provisions in the legislative history reflecting 2013 and 2017 changes). The Act now includes a statutory review route on the ground an offence is \"trifling\" (s4(2); s8A), an express prohibition on expiation of violent offences (s5(4)), and a Ministerial power to declare amnesties for costs and fees (s18A). Regulations may now modify application of Act provisions and vest determinations in the Minister, Chief Recovery Officer or other prescribed persons (s20(3)(c)–(d)), expanding administrative discretion compared with the original text. Fee allocation rules were also clarified so statutory authorities or councils generally keep fees they issued, with a specific half-share rule where police reporting is involved (s17(2)–(3)). These legislative insertions and cross‑Act linkages have broadened the administrative and enforcement apparatus that implements the Act compared with its original, standalone expiation model."},"complexity_factors":["Interlocking cross-references to other Acts (notably the Fines Enforcement and Debt Recovery Act 2017) that control enforcement and timing (see s4(3)–(4); ss8, 11, 16 references).","Multiple procedural notice types (expiation notice, reminder notice, enforcement warning notice) with different effects and fees (ss6, 11, 11A).","Detailed rules about who may issue notices, who receives fees, and how fees are allocated between issuing authorities and the Consolidated Account (s6(3); s17(1)–(3)).","Discretion granted to issuing authorities to withdraw notices, require verification, and to decide not to hold inquiries on trifling claims (ss8A(2), 16(1), 16(6)).","Regulatory delegation power that can modify application of Act provisions or vest decisions in Minister/Chief Recovery Officer/other persons (s20(3)(c)–(d)).","Amendment history and transitional provisions that change operational roles (eg introduction of Chief Recovery Officer and enforcement regime) across years (Legislative history; transitional clauses).","Multiple excluded classes and procedural exceptions (children, violent offences, age-based restrictions) creating branching paths for application (s5(4); s6(1)(g)–(h)).","Administrative and evidentiary rules (verification by statutory declaration, service by email/post) that affect practical implementation and risk management (ss8A(3); s19A)."],"plain_english_summary":"What this law does, in plain terms:\n\n- Mechanically, the Act sets up a system that lets designated authorities issue expiation notices (on-the-spot or post-issued notices) for certain minor offences. An expiation notice offers an alleged offender the option to pay a fixed fee instead of being prosecuted (see s5(1), s6(1)(k), s15(1)).\n\n- The Act prescribes how notices must look and be served, deadlines for payment, and what happens if someone pays or does not pay. Notices may cover up to three offences from the same incident (s6(1)(a)). An expiation fee must generally be paid within 28 days from the date of the notice (s6(1)(c)). Payment by card is allowed where facilities exist (s7). If the fee is paid in full, the person is no longer liable to prosecution for that expiable offence (s15(1)).\n\n- The Act defines who can give notices: members of the police, or other persons authorised in writing by the responsible Minister, statutory authority or council, or authorised under the underlying Act (s6(3)). It also defines \"issuing authority\" and which court applies (Youth Court for under-18s; Magistrates Court otherwise) (s4(1)).\n\nOfficial purpose-claims and the mechanics that implement them:\n\n- The Act is framed to provide for expiation (that is, an alternative to prosecution) of minor offences (short title; s5(1)). The mechanics that implement that purpose include: rules on which offences may be expiated and fee limits (s5(1), s5(3)); procedural steps for issuing, reminding and enforcing notices (ss6, 11, 11A); a statutory route to elect prosecution rather than pay (s8); and rules for withdrawal and review of notices (ss16, 8A).\n\nHow the law affects people and organisations (who pays, who decides, and what changes in behaviour):\n\n- Who pays: the alleged offender pays the expiation fee and any prescribed reminder or warning fees; a victims levy may also be required and is included in amounts due (s4(3); s11(3); s11A(4)). Where a statutory authority or council issued the notice they are entitled to the fee (s17(2)); if issued because of a police report, half of the fee must be paid into the Consolidated Account (s17(3)).\n\n- Who decides: the issuing authority decides whether to give or withdraw a notice and may determine that a person should be prosecuted instead (s6(3); s16(1)(b)). The issuing authority also handles trifling-offence review applications and may require verification (s8A(1)–(3)). The Chief Recovery Officer deals with enforcement and information exchange under the Fines Enforcement and Debt Recovery Act 2017 (see definition and ss18, cross-references in s4(3)–(4)). The Minister may make regulations and declare amnesties (s20; s18A).\n\n- Behaviour changes: an alleged offender can avoid court by paying the fee within the expiation period (s6(1)(c); s15(1)); alternatively, they can elect prosecution (s8). Issuing authorities may pursue enforcement through the Chief Recovery Officer if fees are unpaid (see s18 and cross-references to the Fines Enforcement and Debt Recovery Act 2017). The Act also creates procedural steps (reminder and enforcement warning notices) that add fees and move an unpaid notice toward enforcement (ss11, 11A).\n\nCosts, incentives and trade-offs embedded in the text (with section references):\n\n- Revenue flows: expiation money usually goes to the Consolidated Account unless a contrary intention appears, but statutory authorities or councils keep fees they issued (s17(1)–(3)). This creates a direct financial return to authorities that issue notices (s17(2)–(3)).\n\n- Transaction and compliance costs for alleged offenders: responding to notices (paying within 28 days s6(1)(c)), possibly completing nominations or statutory declarations (ss6(1)(j) note; s11(1)), and the possibility of additional reminder or warning fees if they do not act (s11(3); s11A(4)). The issuing authority may require verification by statutory declaration in trifling reviews (s8A(3)).\n\n- Administrative discretion and workload: the issuing authority has a range of discretionary powers — whether to conduct an inquiry into a trifling claim (s8A(2)), whether to withdraw a notice and for what reason (s16(1)), and when to provide particulars to the Chief Recovery Officer (s8A(4)). The regulations may also vest decision-making or exemptions in the Minister, Chief Recovery Officer or other prescribed persons (s20(3)(d)). These are points where administrative choices shape outcomes.\n\n- Limits and exclusions: an expiation fee must respect statutory maxima (s5(3)); offences involving violence cannot be expiated (s5(4)); notices generally cannot be given to children under 16 (s6(1)(g)) and may be restricted for persons under 18 where regulations say so (s6(1)(h)). These constraints define the substantive boundary of the scheme.\n\n- Legal status and evidentiary effects: paying an expiation fee is not an admission of guilt and cannot be used as evidence of guilt in later proceedings (s15(4)), although seized items that would have been forfeited on conviction may still be forfeited upon expiation (s15(5)).\n\nImplementation risks and practical considerations:\n\n- Dependence on cross‑legislation: many enforcement and timing rules refer to the Fines Enforcement and Debt Recovery Act 2017 (see definition of Chief Recovery Officer and multiple cross-references, e.g. s4(3)–(4); s8(2); s11(1); s16(3)). That interconnection means changes elsewhere alter how enforcement operates.\n\n- Service and notice reliability: service may be by post, personal delivery or email (s6(1)(j); s19A). If a person did not receive a notice because of an authority error or postal/email failure, the issuing authority generally must withdraw the notice (s16(6)), which affects enforcement timetables and record-keeping.\n\n- Review and verification burden: a person can apply to have a notice reviewed on the ground the offence was trifling (s8A(1)), but the issuing authority may require verification and is not obliged to hold an inquiry (s8A(2)–(3)), which can place evidentiary and administrative burdens on applicants and authorities.\n\nKey procedural safeguards and exceptions:\n\n- Right to elect prosecution instead of expiation (s8). Election periods are linked to arrangements or enforcement determinations under the Fines Enforcement and Debt Recovery Act 2017 (s8(2)).\n\n- Withdrawal and refund rules if the issuing authority later withdraws a notice (s16(2), s16(5), s16(11)).\n\n- Ministerial amnesty power for costs, fees and charges (s18A), with required Gazette notice and possible conditions.\n\nIn short: the Act creates a regulated alternative to criminal prosecution for specified minor offences by authorising issuing authorities to offer fixed-fee expiation notices, sets the procedural and timing rules for notices, provides review and withdrawal pathways (including a trifling-offence review), integrates enforcement with the state fines-recovery agency, allocates fee receipts between issuing bodies and the Consolidated Account, and gives the Minister regulatory and limited amnesty powers (see ss5, 6, 8, 8A, 11, 11A, 15, 16, 17, 18, 18A, 19A, 20)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally a simple 'pay the fine or go to court' mechanism (1996), the Act has expanded significantly through amendments. The 2013 and 2017 amendments integrated it with a comprehensive fines enforcement regime (external Act), added cognitive impairment protections (2017), created multiple notice types (reminder, enforcement warning), and established complex withdrawal/revocation procedures. The original 'minor offences' concept now sits within a sophisticated debt recovery framework with amnesty powers, aggregation determinations, and cross-agency information sharing agreements that go well beyond the original expiation concept."},"complexity_factors":["Heavy cross-referencing with the Fines Enforcement and Debt Recovery Act 2017 (at least 15 explicit references)","Nested conditional logic in section 16 (withdrawal provisions) with multiple sub-exceptions (e.g., subsections 6, 6a, 7, 11, 11a, 12, 13)","Multiple defined terms in section 4 (12+ definitions including nested definitions like 'cognitive impairment' in section 16(14))","Dual pathways for enforcement (direct payment vs. payment plans under external Act) creating parallel procedural tracks","Age-based jurisdictional splits (Youth Court vs Magistrates Court, under 16 vs under 18 exclusions)","Transitional provisions spanning three major legislative overhauls (1998, 2013, 2017) with complex savings clauses","Exception to exception structure in section 8A (review of trifling offences) with timing dependencies on enforcement determinations"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's system for handling minor offences (like parking fines, speeding tickets, or littering) without going to court. Instead of being prosecuted, you can pay a fixed fee to \"expiate\" (wipe out) the offence.\n\n**Key points:**\n\n- **Who it affects:** Anyone who commits a minor offence in South Australia where an \"expiation fee\" is set by law. Children under 16 generally can't receive these notices, and some offences involving violence are excluded.\n\n- **How it works:**\n  - An **expiation notice** is issued (by police or authorised officers) giving you 28 days to pay a fee\n  - You can pay by card, request a payment plan, or **elect to be prosecuted** (take it to court) if you dispute it\n  - If you don't pay, you get reminder notices with extra fees, then enforcement action kicks in under the *Fines Enforcement and Debt Recovery Act 2017*\n  - You can apply for **review** if the offence was \"trifling\" (trivial, unavoidable, or for humanitarian reasons)\n\n- **Important protections:**\n  - Paying the fee is **not an admission of guilt** and can't be used against you later\n  - Authorities can **withdraw** notices if they were issued in error or if you have a **cognitive impairment** (intellectual disability, mental illness, brain injury, etc.)\n  - There's a 6-month time limit for issuing notices\n\n- **Why it matters:** It keeps minor matters out of crowded courts, gives people a way to resolve things quickly, but protects your right to contest serious accusations before a magistrate."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope change as no legislative text was successfully retrieved. The page returned a 404 error due to a website update on 24 March 2026. No comparison between original intent and current provisions can be made from the available content."},"complexity_factors":["No actual legislative text was retrieved — analysis is based on general knowledge only","The underlying Act itself is moderately straightforward procedural legislation","Some complexity exists in the enforcement and dispute mechanisms within the Act","Website migration issues introduced technical barriers to accessing the source material"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided returned a **'Page Not Found'** error from the South Australian legislation website. This appears to be a broken or outdated URL — likely a bookmark or hyperlink created before 24 March 2026 that is no longer compatible with the updated website.\n\n**What we do know about the Expiation of Offences Act 1996 (SA) from general knowledge:**\nThis Act governs South Australia's **expiation notice system** — essentially the legal framework for on-the-spot fines (similar to infringement notices in other states). It covers:\n- How expiation notices (fines) are issued for minor offences\n- How people can pay, dispute, or have fines enforced against them\n- What happens if fines go unpaid (e.g., licence suspension, registration cancellation, or enforcement action)\n- Processes for applying for time to pay or seeking expiation of the fine\n\nIt affects **any South Australian resident or visitor** who receives a fine for a minor offence such as a traffic infringement, parking violation, or other regulatory breach.\n\n⚠️ *This summary is based on general knowledge of the Act, not the actual retrieved text. Please visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for the Act directly to confirm current provisions.*"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/expiation-of-offences-act-1996","history":"/api/acts/expiation-of-offences-act-1996/history","analysis":"/api/acts/expiation-of-offences-act-1996/analysis","conflicts":"/api/acts/expiation-of-offences-act-1996/conflicts","importantCases":"/api/acts/expiation-of-offences-act-1996/important-cases","documents":"/api/acts/expiation-of-offences-act-1996/documents"}}