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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Expiation of Offences (Independent Review) Amendment
Bill 2009
A BILL FOR
An Act to amend the Expiation of Offences Act 1996.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Expiation of Offences
Act 1996
3 Amendment of section 6—Expiation
notices
4 Insertion of section 8B
8B Independent review of
issue of expiation notice
5 Amendment of section 11—Expiation
reminder notices
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Expiation of Offences (Independent Review)
Amendment Act 2009.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Expiation of Offences
Act 1996
3—Amendment of
section 6—Expiation notices
After section 6(1)(k) insert:
and
(l) must be accompanied by a notice in the prescribed form by which the
alleged offender may apply under section 8B for an independent review of
the decision to issue the notice.
After section 8A insert:
8B—Independent review of issue of expiation notice
(1) Subject to this section, a person who has been given an expiation
notice may, by notice in the prescribed form given personally or by post to the
Minister, apply for an independent review under this section of the decision to
issue the expiation notice.
(2) A decision to issue an expiation notice cannot be reviewed under this
section if—
(a) any amount due under the notice has been paid; or
(b) an application for relief has been made under this Act in respect of
the notice.
(3) An application under this section—
(a) must be made within 7 days of the date on which the notice was
issued; and
(b) must be made in writing; and
(c) must be accompanied by a statement setting out—
(i) the circumstances in which the notice was issued; and
(ii) the grounds upon which the applicant makes the application for
review; and
(iii) the applicant's desired outcome of the review; and
(iv) any further information as reasonably required by the
Minister.
(4) The Minister must, as soon as practicable (but in any case within
7 days of receiving an application under this section)—
(a) refer the application to an independent reviewer; and
(b) notify the issuing authority of the application.
(5) On receiving an application, an independent reviewer must, within
14 days, review the decision to issue the relevant expiation notice and,
for that purpose, may require the applicant or the issuing authority to provide
such further information as the independent reviewer thinks fit.
(6) For the purposes of conducting a review under this section the
independent reviewer may inform himself or herself in any way that he or she
thinks fit.
(7) The independent reviewer may require information contained in, or
supporting, an application for review to be verified by statutory
declaration.
(8) After conducting a review under this section, the independent reviewer
may—
(a) confirm the issue of the notice; or
(b) if the independent reviewer is of the opinion that it is appropriate
to do so—direct the issuing authority, by notice in writing, to withdraw
the expiation notice.
(9) An issuing authority must comply with a direction of an independent
reviewer under this section.
(10) If the independent reviewer fails to conclude an inquiry under this
section within 14 days of receiving the application then the independent
reviewer will be taken to have—
(a) determined that the decision to issue the expiation notice was
inappropriate; and
(b) directed the issuing authority to withdraw the notice in accordance
with this Act.
(11) The independent reviewer must, by notice in writing, notify the
applicant and the issuing authority of the outcome of a review under this
section.
(12) Despite any other provision of this or any other Act, if an expiation
notice in respect of a particular offence is withdrawn in accordance with a
direction under this section—
(a) no further expiation notice may be issued in respect of that offence;
and
(b) a prosecution may not be commenced in respect of that
offence.
(13) A decision of an independent reviewer under this section is final and
not subject to any form of review.
(14) In this section—
independent reviewer means a legal practitioner of at least
7 years' standing chosen at random from a panel of 3 such legal
practitioners nominated by the Law Society of South Australia.
5—Amendment of
section 11—Expiation reminder notices
After section 11(1a)(b) insert:
(ia) a notice in the prescribed form by which the alleged offender may
apply under section 8B for an independent review of the decision to issue
the notice; and