Enforcement of expiation notices

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.

Once 14 clear days have passed, the authority can send the Fines Enforcement and Recovery Officer an enforcement certificate. The Fines Enforcement and Recovery Officer will then make an enforcement determination.

You should receive a copy of the order 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.

See Expiation of Offences Act 1996 (SA) ss 11 and 13.

See also Criminal Law (Sentencing) Act 1988 (SA) ss 61.

An enforcement determination has been made against me. What are my options now?

  1. Comply with the enforcement determination – if you pay the amount owed in full the determination is terminated.
  2. Apply to the Fines Enforcement and Recovery Officer for the enforcement determination to be revoked or varied (for more information, see Applying for review of an enforcement determination)
  3. Apply for review of the enforcement determination by the Court (for more information, see 'Applying for review of an enforcement determination')

If you do nothing within the time for payment of the fine, the Fines Enforcement and Recovery Officer has a wide range of enforcement powers available.

The Fines Enforcement and Recovery Officer may do any of the following:

  • enter into a payment arrangement (or into a further payment arrangement) under section 9(1)(b);
  • register a charge on land held by you;
  • waive payment of the amount due or any part of the amount due.

See Expiation of Offences Act 1996 (SA) s 14A.

Enforcement of expiation notices  :  Last Revised: Fri Jan 31st 2014
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