What if I am unable to pay by the due date?

If you are unable to pay an expiation fee or fees you may enter into an arrangement with the Fines Enforcement and Recovery Unit for an alternative means of payment [Fines Enforcement and Debt Recovery Act 2017 (SA) s 20]. This may be done at any time during the period for payment of the expiation fee. You must pay a fee ($23.40 as at 1 July 2024) before an agreement can be made. The fee may be waived in cases of financial hardship, or added to the amount owing for the expiation notice.

An alternative payment arrangement may permit:

Undertaking community service or participating in a treatment program can only be arranged in lieu of paying the expiation notice if the Chief Recovery Officer is satisfied that you do not have the ability to pay the amount due without you or your dependants suffering hardship [ss 20(7) and 20(8)]. To agree to community service, the Chief Recovery Officer must also have already made an enforcement determination in relation to the expiation notice [s 20(7)(b)]. To agree to participation in a treatment program, you must be eligible to participate and there must be services available at a suitable time and place [see s 20(8)].

If you undertake community service or complete (or substantially complete) a treatment program in accordance with an agreement, the amount owing for the expiation notice must be reduced or waived in accordance with the regulations and the agreement [ss 20(13) and 20(14)].

Once you have entered into an arrangement, you are considered to have expiated the offence (or offences) to which the arrangement relates, even if the arrangement is subsequently terminated [s 20(21)].

If you are an undischarged bankrupt or you have previously had enforcement action taken against you, the Chief Recovery Officer may refuse to enter into an arrangement with you or may require you to provide security or obtain a guarantee [s 20(9)].

Community service in lieu of payment

You may enter into an agreement to perform community service in lieu of paying an expiation notice if:

See Paying court fines; section 20(7) of the Fines Enforcement and Debt Recovery Act 2017 (SA).

Community service can be also be ordered by the court, on application by the Chief Recovery Officer, when an enforcement process has failed, if the court is satisfied that you do not have the means to pay an expiation notice without you or your dependants suffering hardship [s 46]. Failure to comply with a court-ordered community service order can result in imprisonment [s 47].

If you undertake a period of community service, the number of hours to be performed is 7.5 hours for every $200 owing [see Fines Enforcement and Debt Recovery Regulations 2018 reg 22].

If you have entered into an arrangement to perform community service but the Chief Recovery Officer subsequently finds that you have the means to pay the amount owed without you or your family suffering hardship, the arrangement can be terminated [s 20(17)].

Persistent Driving While Unlicensed

The Chief Recovery Officer has specific powers if you have incurred expiation notices for driving while unlicensed.

If you:

then the Chief Recovery Officer can waive all or part of the debt you owe, or agree to enter into other arrangements with you in relation to the debt [see Fines Enforcement and Debt Recovery Act 2017 (SA) ss 20 and 21].

The Chief Recovery Officer cannot decide to waive all or part of the debt if a similar determination has been made previously [see s 21(2)].

What if I default on a payment arrangement?

If you default or fail to comply with an arrangement with the Fines Enforcement and Recovery Unit and the default continues for 28 days, the agreement will terminate [Fines Enforcement and Debt Recovery Act 2017 (SA) s 20(15)]. It may be reinstated up to 14 days following termination [s 20(16)], with or without variation.

If the arrangement is terminated and an enforcement determination has not already been made, the Chief Recovery Officer may make an enforcement determination. They must first be provided with particulars by the issuing authority that contains all relevant details such as your name, the offence or offences to which the unpaid amount relates and the amount due [s 22(1)].

If the Chief Recovery Officer makes an enforcement determination, $121 (as at 1 July 2024) will be added to the amount that you owe (although this amount can be waived) [see Fines Enforcement and Debt Recovery Act 2017 (SA) s 26(1)(a); Fines Enforcement and Debt Recovery Regulations 2018 reg 19(1)].

You can apply to the Chief Recovery Officer to have the determination varied or revoked (i.e. cancelled) [s 22(5)(b)(i)]. See Applying for review of an enforcement determination for more information.

What if I make late payment of an expiation fee?

An authority can accept the late payment of an expiation fee at any time before an enforcement determination is made. This means that if the date for payment on an expiation notice or expiation reminder notice has passed, but an enforcement determination has not yet been made, you may still be able to offer payment to avoid the enforcement fees [see Expiation of Offences Act 1996 (SA) s 12].

By paying an expiation fee, am I admitting guilt?

The expiation of an offence does not amount to an admission of guilt or of any civil liability and cannot be used as evidence of such an admission [see Expiation of Offences Act 1996 (SA) s 15(4)].