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Applying for review of an enforcement determination

Is there any way to get an enforcement determination reviewed?

You can apply to the Chief Recovery Officer for a review of an enforcement determination within 30 days of becoming aware of the determination [Fines Enforcement and Debt Recovery Act 2017 (SA) s 22(5)(b)].

A fee of $24.00 * applies to review an enforcement determination [see Fines Enforcement and Debt Recovery Regulations 2018 (SA) reg 17(1)].

Fees correct as of 30 April 2018.

There are specific grounds for applying for a review of an enforcement determination, contained in section 22(10) of the Fines Enforcement and Debt Recovery Act 2017 (SA). These grounds include:

  • the expiation notice should not have been given to you in the first place; or
  • procedural requirements were not followed; or
  • you did not have a reasonable opportunity to elect to be prosecuted or to apply for a review of the expiation notice; or
  • you failed to receive both the notice and the expiation reminder notice; or
  • the issuing authority failed to receive a notice sent by you electing to be prosecuted; or
  • the issuing authority failed to receive a statutory declaration or other document sent by you; or
  • you have expiated (i.e. paid the amount of the expiation notice) for the offence(s).

See Fines Enforcement and Debt Recovery Act 2017 (SA) s 22(10).

However, when arguing that you did not have a reasonable opportunity to either elect to be prosecuted or to apply for a review of the expiation notice, the enforcement determination will only be revoked if exceptional circumstances apply [see s 22(11)].

You can apply to the court for a review of the Chief Recovery Officer's decision not to vary or revoke an enforcement determination [see s 23]. Such applications must be made within 30 days of receiving the decision to refuse your application. The court can confirm or reverse the decision of the Chief Recovery Officer. The decision of the court is not subject to further appeal [see s 23(6)].

If an enforcement determination is revoked (either by the Chief Recovery Officer or by the court) and you do not, within 14 days, either elect to be prosecuted or apply for a review of the expiation notice, then a further enforcement determination can be made against you [see s 23(5)].

If an enforcement determination is made, and you neither apply for a review of the determination nor make an arrangement with the Chief Recovery Officer to deal with the fine, you may incur additional costs. An amount of $180 * will be added to the amount owing if you do nothing within 30 days of the enforcement 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)].

* Amounts correct as of 30 April 2018.

    Applying for review of an enforcement determination  :  Last Revised: Mon Apr 23rd 2018
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