Expiation Notices

Expiation notices are usually issued for traffic offences. A notice allows the offender to pay a fee rather than go through the court system.

For notices issued by:

• South Australia Police (SAPOL) - your options are provided below
• other agencies or local councils - refer to the information contained on that notice.

For court fines refer to the Courts Administration Authority of South Australia website.

I want to pay my notice

If you receive an expiation notice you can pay it online at SAPOL epay or for alternative methods refer to your expiation notice.

Payment must be made in full by the due date on the notice or a late payment fee will apply.

If you can't afford to pay your notice in full you may be eligible to apply for relief and pay by instalments.

I wasn't the driver at the time of the offence

If you were not driving the vehicle at the time of the camera or parking offence you may nominate the driver by downloading and completing a Statutory Declaration form before the expiation notice becomes due.

Expiation Notice Statutory Declaration   (31.5KB)

Do not make payment as a new notice will be issued to the nominated driver once the statutory declaration has been received by SAPOL.

I didn't own the vehicle at the time of the offence

If you were not the owner of the vehicle at the time of the camera or parking offence you may provide the new owners details by downloading and completing a Statutory Declaration form before the notice becomes due.

Expiation Notice Statutory Declaration   (31.5KB)

Do not make payment as a new notice will be issued to the new owner of the vehicle once the statutory declaration has been received by SAPOL.

I want to get a copy of the police officer's evidence recorded in relation to my non-camera offence

This information can only be provided to you when the matter is heard in a court as part of the prosecution disclosure process. Once the matter is finalised, either by payment or the court process, you may be able to apply for information under freedom of information.

I want my notice to be considered for review

Prior to requesting a review you may wish to view our section on red light and speed cameras which explains how:

• the traffic light and camera system works
• camera evidence is used
• cameras are tested and maintained.

You can seek a review if you believe that:

• the notice is 'trifling' under Section 4(2) of the Expiation of Offences Act 1996
• the notice is incorrect or a mistake has been made in issuing the notice
• there has been a mistake of identity
• there is additional information that may suggest a caution or withdrawal of the notice is more appropriate
• there are other exceptional circumstances.

Generally, a review will not be allowed if the notice has been paid or referred to court for enforcement.
Reviews undertaken by SAPOL are not subject to further review by any other authority.

How to request a review

An application for review must:

• explain the grounds for the review
• provide your current address
• give details of the notice
• be sent so it is received by the due date on the expiation notice or reminder notice.

The application can be made in writing or by downloading and completing a Review Request form.

Request for review  (155.7KB)

Request for review  (253.67KB)

Submit your application and any relevant supporting documentation to SAPOL's Expiation Notice Branch.

Generally, reviews are only accepted from notice holders or their legal representatives. If a notice holder authorises someone to make the application on their behalf, the outcome of the review will be sent to the notice holder, not the person authorised to make the application.

Photo review

You may also ask for a photo review if you believe the photographic evidence provided is not correct in the following circumstances:

• for a red light camera offence if one of more of these points apply the:
  - vehicle number plate is obscured or not clear
  - number plate is incorrect
  - red light is not visible in both photographs
  - wrong lane has been captured.
  
  
• for a speed camera offence if one or more of these points apply the:
  - vehicle number plate is obscured or not clear
  - number plate is incorrect
  - wrong lane has been captured - fixed camera only
  - template shows more than one vehicle travelling in the same direction - mobile camera only.

The application can be made by downloading and completing a Photo Review Request form.

Request for review of photographic evidence  (155.0KB)

Request for review of photographic evidence  (101.29KB)

Review Process

If you have requested a review of an expiation notice, the notice will be suspended whilst the review is undertaken. This means that the requirement to pay or elect to be prosecuted are deferred.

SAPOL's Expiation Notice Branch will write you a letter to tell you of the result of the review. Usually SAPOL will complete the review within seven days of receiving your application however, it may take longer if additional information or other issues need to be considered.

As the result of a review, SAPOL may:

• withdraw the expiation notice and take no further action against you
• withdraw the expiation notice and issue a caution in its place - you do not have to pay the fine but the police will record the offence as a caution; this record may be used by the police to decide what action to take against you if you are alleged to have committed the same offence in the future
• withdraw the expiation notice and prosecute you in a court
• waive or vary any additional fees payable including reminder fees
  
  
• allow the notice to stand - in this case you must decide:
  - whether to pay the expiation notice by the due date to avoid incurring additional costs
  - apply for relief - a payment plan
  - elect to be prosecuted and go to court.

I want to elect to be prosecuted

If your review matter still stands and you wish to dispute the allegation that you committed the offence you may elect to be prosecuted by completing the Election for Prosecution slip on the back of your expiation notice.

You will then receive a summons to attend court at a nominated time and date.

Ignoring your notice

If you choose to ignore your expiation notice and take no action:

• within 28 days from the date of the notice, SAPOL will send you a reminder expiation notice with a reminder fee applied
• after the due date of the reminder notice has past, the matter will be forwarded to court for enforcement;this will result in a court conviction and if applicable the incurring of demerit points.

Demerit points

Once the matter has been finalised either by payment of the notice or the court process demerit points will be applied.

For more information refer to the section on demerit points on the sa.gov.au website.

Court conviction

If you pay the notice a conviction is not recorded.

If you elect to be prosecuted and are found guilty in a court then a conviction may be recorded.

Speed camera watchdogs

There are a range of web sites that claim to be 'speed camera watchdogs'. Care should be taken in using the information on these sites as:

• often information relates to processes that do not apply in South Australia or the information is factually incorrect
  
  
• they may provide the option to download a series of letters to send to the Expiation Notice Branch to avoid payment of a notice; in most cases these letters will not result in the Expiation Notice Branch withdrawing your notice and may in fact be taken as an election to be prosecuted.

Further information

Contact - Manager, Expiation Notice Branch
Monday to Friday 8.30 am to 5.00 pm
Telephone: 08 8463 4388
Fax: 08 7322 3559

Postal address:
The Manager
Expiation Notice Branch
South Australia Police
GPO Box 2029
ADELAIDE SA 5001