What is an expiable offence?

Expiation notices are governed by the provisions of the Expiation of Offences Act 1996 (SA) and the Fines Enforcement and Debt Recovery Act 2017 (SA).

Many minor criminal offences are dealt with by way of expiation notice. These offences are called expiable offences.

An expiable offence is one where the law allows a particular authority (such as a police officer in traffic matters) to issue an expiation notice rather than a summons to attend court for prosecution. However, while an expiation notice may be issued for a particular offence, the authority has the discretion to choose whether to do so or issue a summons [Expiation of Offences Act 1996 (SA) s 5].

What is an expiation notice?

An expiation notice alleges that a person committed an offence and sets out an expiation fee, which a person may choose to pay to expiate the offence rather than be prosecuted.

Expiation fees can range from less than $50 to $1,000 or more.

A single expiation notice can relate to up to 3 alleged offences arising out of the same incident [Expiation of Offences Act 1996 (SA) ss 6 and 15].

Expiation notices can be provided electronically under the Electronic Communications Act 2000 (SA). Generally a person is taken to have consented to having them sent electronically, but the authority issuing the notice must first ascertain whether the person will be able to access, download and (if required) print the information before doing so [ss 8 - 10].

Who can issue an expiation notice?

Police officers, officers and employees of councils and many other statutory authorities may issue an expiation notice.

They may hand it to the person personally (such as where a police officer alleges to have detected an offence while on duty), post it (for camera offences such as disobeying a red light or speeding) or attach it to the relevant vehicle (for parking offences) [Expiation of Offences Act 1996 (SA) s 6(1)(j) and 6(3)].

What are the requirements of an expiation notice?

An expiation notice must be in a particular format [see Expiation of Offences Act 1996 (SA) s 6, Expiation of Offences Regulations 2011 (SA) Sch 1]. The notice must specify to which authority the expiation fee must be paid and indicate that it must be paid within 28 days from and including the date of the expiation notice.

An expiation notice must be issued within 6 months of the date of the alleged offence and before the commencement of any prosecution for the alleged offence. It must be accompanied by another notice in a particular format (set out in the regulations) through which the person can elect (choose) to be prosecuted [Expiation of Offences Act 1996 (SA) s 6].

What if the expiation notice does not meet these requirements?

If an expiation notice is defective and this is brought to the authority’s attention, the authority may withdraw the expiation notice [Expiation of Offences Act 1996 (SA) s 16(1)(ac)]. Depending on the nature of the defect, the authority may be able to correct it and re-issue the expiation notice.

What if I have a cognitive impairment that affects my actions?

The issuing authority can withdraw an expiation notice if of the opinion that the person suffers from a cognitive impairment that excuses their actions in incurring the expiation notice [Expiation of Offences Act 1996 (SA) s 16(1)(ad)].

I have been issued with an expiation notice. What are my options?

A person issued with an expiation notice has several options but must act within the time for payment of the expiation fee. The options are:

If a person ignores an expiation notice, the issuing authority will take further steps to enforce the expiation notice, and further costs may be added to the fine.

For more information, see Enforcement of expiation notices.