How do I apply for review of an expiation notice?
Each authority that issues expiation notices has their own review procedures in place.
If you would like to apply for the review of an expiation notice the police have issued to you because you were not the driver or owner of the vehicle involved in the alleged offence, you will need to fill out a Statutory Declaration form, which you should have received with the expiation notice, but which is also down-loadable from the police website.
Your statutory declaration should contain:
- your full name and address
- your expiation notice number(s)
- your motor vehicle registration number
- the full name, address, date of birth and licence number of the person or company to whom you sold the vehicle
- the full name, address, date of birth and licence number of the person or company you wish to nominate as the driver or the reasons why the driver's identity is not known and what enquiries you have made to ascertain the driver's identity
If the statutory declaration does not include the required information, the application for review may not be successful.
If you would like to apply for the review of an expiation notice the police have issued to you for any other reason, such as that the offence was trifling, you should first send a letter providing information about the offence and why it should be considered trifling. After receiving your letter, the police may or may not require you to provide more information in a statutory declaration.
A statutory declaration will need to be witnessed by one of the following:
- Justice of the Peace (including identification number)
- Proclaimed Police Officer
- Commissioner for taking affidavits
It is an offence to make a statutory declaration that you know to be untrue in a material particular. The maximum penalty for this offence is four years imprisonment.
See Oaths Act 1936 (SA) s 27(1).
You should send your letter or statutory declaration by either post of fax to:
Expiation Notice Branch
GPO Box 2029
ADELAIDE SA 5001
Fax: (08) 7322 3559
The police must receive your letter or statutory declaration before the due date for payment of your expiation notice. When police receive your letter they will suspend the time for payment and if the due date for payment passes, they will extend it.
Depending on the information you provide, the police may withdraw the expiation notice.
The police have a list of Frequently Asked Questions about expiation notices on their website.
If an authority (such as a local council) does not provide you with information about their review process, the best way to start is to telephone the authority and ask what their procedure is and bear the following general principles in mind:
When an authority receives an application for review of an expiation notice, like the police, they may require more information to be verified by statutory declaration.
If you would like to apply to the authority for a review of the expiation notice, you should do so without delay. An authority cannot always withdraw an expiation notice if it has already issued a certificate for the making of an enforcement order (see 'Enforcement of expiation notices’). If the authority receives an application and it has not yet issued a certificate, it must determine your application before issuing a certificate.
If after paying an expiation fee the expiation notice is later withdrawn for any of the reasons under section 16(1) of the Expiation of Offences Act 1996 (SA), the expiation fee must be refunded [s 16(2)].
See Expiation of Offences Act 1996 (SA) ss 8A and 16.
What if the authority finds against me on a review?
If the authority finds against you on your application for review, they must notify you.
If they reject a statutory declaration you provide, for example, that you were not the driver at the time of the alleged offence pursuant to s 79B of the Road Traffic Act 1961 (SA), they must also issue you with an expiation enforcement warning notice. The authority cannot take any enforcement action against you until 14 clear days have passed from the date of the warning notice. A set warning enforcement fee, which may include particular costs which were incurred in warning you, will be added to the unpaid expiation fee.
The authority’s finding on an application for review on the ground that the offence was trifling cannot be further reviewed or appealed. However, if you then elect (choose) to be prosecuted for the alleged offence, you may argue to the Court that while you committed the offence, it was trifling and you should not be convicted or required to pay the court fine (see 'Electing to be prosecuted').
See Expiation of Offences Act 1996 (SA) s 11A and 18B.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.