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House of Assembly - Fifty-First Parliament, Second Session (51-2)
2008-02-14 Daily Xml
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ON-THE-SPOT FINES

15 The Hon. G.M. GUNN (Stuart) (30 May 2006).

1. Will the names and numbers of police officers who issue 'on the spot fines' be clearly legible on the notices and if not, why not?

2. Will objections to 'on the spot fines' be sent to independent legal experts for adjudication and if not, why not?

The Hon. K.O. FOLEY (Port Adelaide—Deputy Premier, Treasurer, Minister for Industry and Trade, Minister for Federal/State Relations): The Minister for Police has provided the following information:

1. South Australia Police (SAPOL) advise that the form of, and information contained in, an expiation notice is regulated by the Expiation of Offences Regulations 1996. Schedule 1 of the Regulations requires that the notice contain the `name of the issuing officer or a code enabling the issuing authority to identify the issuing officer'. The current expiation notice contains an area for the issuing officer’s name and an area for the issuing officer’s identification number. Therefore an expiation notice complies with the legislation if either the issuing officer’s name or identification number appears on the notice. It is SAPOL practice that both the name and identification number of the issuing officer is included on the notice. In cases where the name is difficult to read, the identification number can be used to identify the issuing officer. In doing so the legislation has been complied with in that the issuing authority can identify the issuing officer. It is not a legislative requirement that persons other that the issuing authority can identify the issuing officer from the expiation notice.

2. SAPOL advise that there is no legislative authority for objections to ‘on the spot fines’ to be adjudicated by independent legal experts. The Expiation of Offences Act 1996 (the Act) has been described by the courts as an administrative rather that curial process (Police v Zammit). In effect, an expiation notice is an invitation to a driver/owner to pay a fine without going through the court process. It is a legislative scheme designed `to facilitate the efficient disposal of matters involving minor offences' (Riessen v The State of South Australia). Should a driver/owner dispute or object to the notice then the Act allows the person to have the matter heard and determined by a court. Section 8A of the Act does allow for a review of the expiation notice on the ground that any offence to which the notice relates was trifling. The review must be carried out by the issuing authority. The decision of the issuing authority is not subject to any form of review (Section 18B of the Act). However this does not preclude a driver/owner who has received an expiation notice from seeking advice from a legal practitioner at their own cost.

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