If you believe you have a defence to the offence alleged in the expiation notice, expiation reminder notice or summons you have received, you must complete a Statutory Declaration form and forward it by post to:

Commissioner of Police
Expiation Notice Branch
GPO Box 2029
Adelaide SA 5001

or by fax to (08) 8463 4361

If completing a statutory declaration, DO NOT SEND OR MAKE PAYMENT - a new notice will be issued to the nominated driver once the statutory declaration has been received at the Expiation Notice Branch.

How to complete a statutory declaration form

You must provide the following information:

• your full name and address;
• expiation notice number;
• motor vehicle registration number; and,
• the full name, address, date of birth and licence number of the person or company you wish to nominate or the reasons why the driver's identity is not known and what inquiries you have made to ascertain the driver's identity; or,
• information about the defence you have to the allegation; or,
• the full name, address, date of birth and licence number of the person or company to whom you sold the vehicle.

The Statutory Declaration must be witnessed by one of the following:

• Justice of the Peace (including ID No.)
• Proclaimed Police Officer
• Commissioner for taking affidavits

The Statutory Declaration must be received by the Commissioner of Police before the due date for payment specified in the enclosed expiation notice or expiation reminder notice or, if the enclosed document is a summons, within 21 days after the date of issue of the summons.

Depending on the information you have provided, the Commissioner may withdraw the summons or notice.

Note: It is an offence to make a Statutory Declaration that you know to be untrue in a material particular. Maximum penalty is four years imprisonment.