City of Onkaparinga

Expiation of Offences Act 1996
Expiation of Offences Act 1996
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
section 5(1) Give an expiation notice to an alleged offender 16 Delegates
section 5(3)(a) Provide that an offence against a regulation or by-law for which the Council may impose a penalty may be expiated 17 Delegates
section 5(3)(b Fix an expiation fee for an offence against a regulation or by-law for which the Council may impose a penalty may be expiated 1 Delegates
section 8(1) Receive notice from alleged offender electing to be prosecuted for an offence 17 Delegates
section 8A(1) Receive application from person in receipt of an expiation notice seeking review on grounds that the offence is trifling 8 Delegates
section 8A(2) Require applicant to provide further information 13 Delegates
section 8A(3) Require application to be verified by a statutory declaration 13 Delegates
section 8A(4) Determine application 13 Delegates
section 8A(5) Withdraw expiation notice if satisfied that the offence is trifling 13 Delegates
section 11(1) Issue an expiation reminder notice to alleged offender 13 Delegates
section 11A(1) Issue an expiation enforcement warning notice 13 Delegates
section 11A(2) Assess acceptability of nomination, statutory declaration or other document provided by alleged offender 13 Delegates
section 12 Accept a later payment of amount due under an expiation notice 13 Delegates
section 16(1) Withdraw an expiation notice in prescribed circumstances 13 Delegates
Community Safety Business Support Coordinator/Officer is NOT delegated the power under subsection 16(1)(b) to decide that the alleged offender should be prosecuted for the offence or offences.
section 16(2) Refund expiation fee or instalment paid if expiation notice is withdrawn 8 Delegates
section 16(5) Prosecute offence following withdrawal of expiation notice 5 Delegates
section 16(6) Withdraw expiation notice if alleged offender has not received notice during expiation period due to error of issuing authority, postal service or email 12 Delegates
section 16(11) Inform Chief Recovery Officer of the withdrawal of an expiation notice 12 Delegates
section 17(3) Pay half of expiation fee for offence reported by the police or another officer of the Crown into the Consolidated Account 7 Delegates
section 18(1) Enter an agreement with the Chief Recovery Officer in relation to the exchange of information 3 Delegates
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