Please complete the attached Statement of Appeal detailing the reason for seeking review of a decision. Evidence must be provided to substantiate the information provided on the Statement of Appeal. Please note that the City of Marion may request a Statutory Declaration or additional evidence to be provided if necessary.
Under the Expiation of Offences Act 1996, an issuing Authority may withdraw an expiation if the matter is deemed to be trifling.
Sec 4(2) "An alleged offence will, for the purposes of this Act, be regarded as trifling if, and only if, the circumstances surrounding the commission of the offence were such that the alleged offender ought to be excused from being given an expiation notice on the ground that:"
(a) there were compelling humanitarian or safety reasons for the conduct that allegedly constituted the offence;
(b) the alleged offender could not, in all the circumstances, reasonably have averted committing the offence;
(c) the conduct allegedly constituting the offence was merely a technical, trivial or petty instance of a breach
of the relevant enactment.
The Expiation of Offences Act 1996 includes provisions for Expiation Notices to be withdrawn if the matter is considered trifling. To assist you to determine whether or not the matter was trifling please note Yes or No to the following questions: