What if I do nothing in response to an expiation notice?
After 28 days have passed from the date of the expiation notice, the authority that issued you with the expiation notice will then issue you with an expiation reminder notice.
An expiation reminder notice must specify the amount of the expiation fee, to whom the fee is payable and the period within which it is payable. Like the expiation notice, it must be accompanied by another notice in the prescribed format through which you can elect (choose) to be prosecuted. A set reminder notice fee, which may include particular costs which were incurred in reminding you, will be added to the unpaid expiation fee [see Expiation of Offences Regulations 2011 (SA) reg 5].
Once 14 clear days have passed from sending the reminder notice, the authority can send the Chief Recovery Officer of the Fines Enforcement and Recovery Unit an enforcement certificate. The Chief Recovery Officer will then make an enforcement determination.
You should receive a copy of the enforcement determination personally or by post. If you cannot be located after reasonable enquiries have been made, the notice will be published on a website.
You will be liable for any costs associated with registering a charge on land.
You will also be liable for an enforcement determination fee, which will be added to the total amount you owe. The fee of $106 * will apply unless the Chief Recovery Officer determines it appropriate to waive the amount.
See Expiation of Offences Act 1996 (SA) s 11.
See also Fines Enforcement and Debt Recovery Act 2017 (SA) sections 22 and 26 (1)(a).
See also Fines Enforcement and Debt Recovery Regulations 2018 (SA) reg 19(1).
* Fees correct as of 1 July 2019.
An enforcement determination has been made against me. What are my options now?
- Comply with the enforcement determination – if you pay the amount owed in full the determination is terminated.
- Apply to the Chief Recovery Officer for the enforcement determination to be revoked or varied (for more information, see Applying for review of an enforcement determination)
If you apply to the Chief Recovery Officer for an enforcement determination to be revoked or varied, and the Chief Recovery Officer refuses your application, then you may apply to the court for a review of that decision [see s 23].
If you do nothing after receiving an enforcement determination, the Chief Recovery Officer has a wide range of enforcement powers available to enforce the debt. A further fee of $193 * will also be added to the amount you owe, if the fine remains outstanding and/or you have not applied for a review of the enforcement determination within 30 days of the determination being made [see Fines Enforcement and Debt Recovery Act 2017 (SA) s 26(1)(b); Fines Enforcement and Debt Recovery Regulations 2018 (SA) reg 19(2)].
* Fees correct as of 1 July 2019.
The Chief Recovery Officer may do any of the following:
- enter into a payment arrangement (or into a further payment arrangement) under section 20 of the Fines Enforcement and Debt Recovery Act 2017 (SA) [see s 25(2)(a)]; or
- register a charge on land held by you [see s 25(2)(b)]; or
- waive payment of the amount due or any part of the amount due [see s 25(2)(c)].
See Fines Enforcement and Debt Recovery Act 2017 (SA) s 25.
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.