Expiation of Offences Act 1996

If the issuing authority has received a nomination, statutory declaration or other document sent to the authority by the alleged offender in accordance with a notice required by law to accompany the expiation notice or expiation reminder notice, the issuing authority must, before taking action under this Act or the Fines Enforcement and Debt Recovery Act 2017 to enforce the expiation notice, give an expiation enforcement warning notice, in the prescribed form, to the alleged offender.

The expiation enforcement warning notice—

must contain a statement that the nomination, statutory declaration or other document is not accepted by the authority as a defence to the alleged offence or offences; and

must specify the amount of the expiation fee and to whom the expiation fee is payable; and

must be accompanied by a notice in the prescribed form by which the alleged offender may elect to be prosecuted for the offence or any of the offences to which the expiation notice relates.

If an expiation enforcement warning notice is given to an alleged offender, the prescribed warning notice fee will be added to the unpaid expiation fee and, for the purposes of this Act and the Fines Enforcement and Debt Recovery Act 2017, forms part of that fee.

An expiation enforcement warning notice is not to be regarded as an expiation reminder notice for the purposes of any other law.