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How to Contest a Speeding Fine in South Australia (2026): SAPOL Review, Nomination and Demerit Points

SA speeding fine? SAPOL's one-off trifling review, nominating the driver, 2026 fees and demerit points, and the real risks of electing court.

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Short answer: yes. A South Australian speeding fine is an expiation notice, and the Expiation Notice Branch of South Australia Police (SAPOL) will review it once, on the ground that the offence was trifling. SAPOL can also withdraw a notice on other grounds, such as a defective notice. Act before the due date on the notice: 28 days from and including the date of the notice. If someone else was driving, nominate them on SAPOL’s Driver Nomination form before that date. Police have no power to reduce the fine or the demerit points.

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Who reviews it How to apply Deadline Court election
SAPOL Expiation Notice Branch (one review only) Online review or request form; Driver Nomination online, by email or by post Before the due date for payment: 28 days from and including the date of the notice Election for Prosecution slip on the notice, or the Election to be Prosecuted form. Not after a payment arrangement or an enforcement determination.

One law, the Expiation of Offences Act 1996, covers camera and police notices. You can pay, nominate the driver, ask for a trifling review, ask for withdrawal on another ground, or elect to be prosecuted. For a parking notice, see how to dispute a parking fine in South Australia. For other states, see contesting a speeding fine across Australia.

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Camera fine or police fine: what is different

A camera notice is posted to the registered owner, while a police notice is a handwritten notice from the officer. Camera notices “are posted to the registered owner of the offending vehicle”; for joint registration, to the contact owner or registered operator (SA Government). The options are the same for both.

  • Camera notice: the first question is who was driving. The owner can nominate the actual driver (see below). If the owner pays, “the points are recorded against them”. You can view the camera photos through SAPOL’s online photo service.
  • Company cars: a company that does not nominate the driver pays a body corporate fee of $1,800 for a speeding offence ($3,600 for red light and speeding), effective 1 July 2026. A company that “successfully nominates the responsible driver will not incur the body corporate fee” (Department for Infrastructure and Transport).

Which SAPOL system to use. Notices whose number starts and ends with a letter use SAPOL’s existing Expiation Services; those that start and end with a digit use the new Expiation Self Service Portal. Expiation Notice Branch: 1300 920 362; Manager, Expiation Notice Branch, South Australia Police, GPO Box 2029, Adelaide SA 5001.

Not the driver? Nominate the driver

If you were not driving, you can name the person who was by making a Driver Nomination to SAPOL before the due date for payment.

  • How: the Driver Nomination form (for speeding, red-light and mobile phone offences) is lodged online, by email to drivernomination@police.sa.gov.au, or by post to the Expiation Notice Branch. For any other nomination, use a statutory declaration.
  • Deadline: “The police must receive your letter or statutory declaration before the due date for payment of your expiation notice. When police receive your letter they will suspend the time for payment and if the due date for payment passes, they will extend it” (Law Handbook). No separate day count for nomination is published.
  • Statutory declaration later: you do not need one with a first Driver Nomination form, but if SAPOL does not accept the nomination you may be required to verify it on a statutory declaration (Road Traffic Act s 79B(2)(b)). “Any other defence must be submitted on a statutory declaration.”
  • Do not pay first. If the owner pays, the demerit points are recorded against the owner.
  • The nominated driver cannot pass it on. “The law does not permit the nominated driver to nominate another driver.” They can pay or elect to be prosecuted, and if prosecuted, “the person who nominated you as the driver may be required to attend court to explain why they nominated you” (SAPOL).
  • If a statutory declaration is rejected, the authority must send an expiation enforcement warning notice and cannot take enforcement action until 14 clear days have passed from its date. A warning fee is added.

Only ever name the person who was actually driving. “It is an offence to make a statement for the purposes of a nomination which is false or misleading in a material particular” (Road Traffic Act 1961 ss 79B(14) and 174A(13), as summarised in the Law Handbook). Knowingly making an untrue statutory declaration is a separate offence, with a maximum penalty of 4 years’ imprisonment (Oaths Act 1936 s 27(1)).

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Grounds for review or withdrawal in South Australia

A SAPOL review is on one ground only, that the offence was trifling, and “You are only entitled to have Expiation Notice Branch review your notice once” (SAPOL). After that you either pay or elect to be prosecuted. Separately, the Act lets the issuing authority withdraw a notice on other grounds (s 16).

Read this first: what SAPOL cannot do and what does not work.

  • No reduction. “The fines and demerit points for each offence are set by Government Regulation. The police have no legal power to reduce the fine or demerit points” (SAPOL). A review can lead to withdrawal, not a smaller fine.
  • Cruise control or GPS readings. SAPOL: “Cruise controls and GPS systems are not as accurate as the speed detection devices used by the police.”
  • No 50 km/h sign. SAPOL: “There is no legal requirement to have 50 kph signs in built-up areas.”
  • Device records. The Expiation Notice Branch cannot supply body-worn video or detection device calibration certificates in its review. They may be made available by the police prosecutor during pre-trial disclosure if you elect to be prosecuted.
Ground What to show Evidence
Trifling: compelling humanitarian or safety reasons (s 4(2)(a)) A genuine emergency that explains the speed, such as getting someone to hospital Hospital or medical records with times, a statement from the person helped
Trifling: could not reasonably have averted it (s 4(2)(b)) Why, in all the circumstances, you could not reasonably have avoided the offence Dashcam, photos of the road and signs, a timeline, witness statements
Trifling: merely technical, trivial or petty (s 4(2)(c)) That the breach was technical, trivial or petty, and why The notice details, photos, dashcam
You did not commit the offence, or the notice should not have been given (s 16(1)(a)) The vehicle, registration or details are wrong, or the notice was given more than 6 months after the alleged offence (s 6(1)(e)) Registration papers, the camera photo, proof the car was elsewhere
Defective notice (s 16(1)(ac)) The notice does not meet the Act’s requirements, for example it does not state the 28-day payment period (s 6(1)(c)) The notice, front and back
Cognitive impairment that excuses the alleged offending (s 16(1)(ad)) The impairment and how it affected what happened A treating doctor’s or specialist’s letter
Never received, or received after the expiation period (s 16(6)) The notice reached you late or not at all through the authority’s error or a failure of the post or email. Withdrawal is then mandatory, unless anything was paid. Address records, the date you first learned of it
Someone else was driving (s 16(1)(ab)) A Driver Nomination naming the actual driver The completed Driver Nomination form

The Act defines trifling narrowly: an offence is trifling “if, and only if” one of the three circumstances above applies (s 4(2)). SAPOL need not hold an inquiry, may ask for more information, and may require it to be verified by statutory declaration (s 8A(2), (3)). The finding “cannot be further reviewed or appealed”, but if you then elect to be prosecuted, you may argue to the court that the offence, while committed, was trifling (Law Handbook).

Demerit points and your licence in South Australia

Speeding in SA carries 2 to 9 demerit points depending on how far over the limit you were, and “South Australia does not use double demerit points” (SA Government). The fees below are the car expiation fees from the Department for Infrastructure and Transport table “Effective 1 July 2026”. A Victims of Crime levy of $108 (18 and over) or $20 (under 18) is added. These figures change each 1 July.

Over the limit by Demerit points Expiation fee (car)
Less than 10 km/h 2 $215
10 km/h or more but less than 20 km/h 3 $484
20 km/h or more but less than 30 km/h 5 $987
30 km/h or more but less than 45 km/h 7 $1,793
45 km/h or more (excessive speed) 9, plus automatic 6-month licence disqualification $2,018
  • When points count. “Demerit points apply from the date of the offence, not when the fine is paid. Points are recorded once the expiation is paid or finalised in court.” They expire 3 years after the date of the offence.
  • Full licence. 6 or more points brings a warning notice (unless you have an interstate address). 12 or more points within 3 years means disqualification. A demerit-point disqualification starts 28 days after a formal notice is sent, provided you acknowledge receipt within that time.
  • Good behaviour option. If you are eligible, you must notify the Registrar of Motor Vehicles within 28 days of the date of issue on the notice. Your licence is then on condition that you do not incur two or more demerit points in the good behaviour period. Break it and you are disqualified for twice the original period, “with no right of appeal or further good behaviour option”.
  • Excessive speed (45 km/h or more over). You lose your licence immediately, and police may also clamp or impound the vehicle.
  • Learner and provisional drivers. If you hold a learner’s permit or provisional licence and gain 4 or more points, “you may be disqualified from driving for 6 or 12 months, depending on your circumstances”. A single offence of 20 km/h or more over (5 points) reaches that on its own. A provisional driver disqualified for 4 or more points may choose a Safer Driver Agreement instead of the six-month disqualification, unless the offence was a serious disqualification offence. You must notify within 28 days, and breaching the agreement means 12 months’ disqualification.
  • Unpaid fines. With an overdue fine “you may have your driver’s licence suspended or be refused vehicle registration”.

Clean record: can you ask for a caution or leniency?

A clean record is not a ground for review in South Australia. SAPOL’s review is on the trifling ground, a clean record is not one of the three circumstances in the Act’s definition of trifling (s 4(2)), and SAPOL says police “have no legal power to reduce the fine or demerit points”. Put your record in as background only, alongside a ground your facts actually support, such as an emergency or a circumstance you could not reasonably have avoided.

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Taking it to court: how, deadline, risks

To contest a speeding notice in court, you elect to be prosecuted before an enforcement determination is made, and before entering any payment arrangement. SA’s own guidance: “To contest the offence you may elect to have the matter heard in court.”

  • How: complete the Election for Prosecution slip on the expiation notice, or the Election to be Prosecuted form, and give it to SAPOL personally or by post (s 8). “You may receive a summons to attend court at a nominated time and date” (SAPOL).
  • Cut-offs: an election cannot be made after you enter a payment arrangement, or after an enforcement determination (s 8(2)). If an enforcement determination is later revoked because you had no reasonable opportunity to elect, you have 14 days from being told of the revocation (s 8(2a)).
  • Effect: the expiation notice is taken to be withdrawn (s 8(3)), and “once you elect to be prosecuted, you cannot change your mind and seek to be expiated”.
  • Risks (Law Handbook): a conviction “will appear on any subsequent police check”; the court may order “not only a court fine as penalty, but also prosecution and court costs and levies”. Demerit points are recorded once the matter is finalised in court. The Law Handbook says: “Get legal advice before electing to be prosecuted.”
  • What you gain: calibration certificates and body-worn video may be available through pre-trial disclosure, and you can argue the offence was trifling.

How to contest it: 4 steps

Step 1: Read the notice and diary the deadline

Note the notice number, whether it starts and ends with a letter or a digit (that decides which SAPOL system you use), the date of the notice, the recorded speed and limit, and the demerit points. Count 28 days from and including the date of the notice. Check the registration and details. Do not pay, and do not set up a payment plan, while you decide.

Step 2: Decide: nomination or review

If someone else was driving, nominate that person on SAPOL’s Driver Nomination form before the due date, and only that person. If you were driving, check your facts against the grounds table above and SAPOL’s list of arguments that do not succeed. View the camera photos online.

Step 3: Lodge it with SAPOL

Submit the review online or on SAPOL’s request form, or lodge the nomination online, by email or by post, before the due date. A review should identify the notice, set out each ground in the Act’s terms, list your evidence, and ask for withdrawal and a written decision. Remember you get one review, so put everything in it. Keep a copy and proof of the date.

Our SA document is either your nomination of the actual driver or your trifling review request, built from your answers and the SA rules on this page. You check it before you lodge it.

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Step 4: If the review is refused

SAPOL’s review is final, so you either pay or elect to be prosecuted. Paying expiates the offence, and expiation “does not amount to an admission of guilt or of any civil liability” (s 15(4), Law Handbook). If you cannot pay, the Fines Enforcement and Recovery Unit (1800 659 538) can arrange instalments or more time, for a $24.90 fee (as at 1 July 2026) that may be waived in cases such as financial hardship. An arrangement counts as expiating the offence and ends your right to elect to be prosecuted. Our fine hardship and payment plan letter ($29) is for that step.

Questions people ask

How do I contest a speeding fine in South Australia?

Ask SAPOL’s Expiation Notice Branch for a review on the ground that the offence was trifling, online or on its request form, before the due date on the notice. You get one review. If it is refused, you can pay or elect to be prosecuted in court. If someone else was driving, nominate them instead.

Who reviews a speeding fine in SA?

The Expiation Notice Branch of South Australia Police reviews camera and police speeding notices. Contact it on 1300 920 362 or at GPO Box 2029, Adelaide SA 5001. The Fines Enforcement and Recovery Unit does not review the fine itself; it only handles enforcement and payment arrangements.

How long do I have to contest a speeding fine in SA?

Until the due date for payment on the notice, which is 28 days from and including the date of the notice (Expiation of Offences Act s 6(1)(c)). A trifling review must be decided before the notice can go to enforcement (s 8A(4)). An election to go to court cannot be made after an enforcement determination.

Can I get a speeding fine withdrawn with a clean record?

Not on your record alone. A clean record is not one of the circumstances in the Act’s definition of trifling, and SAPOL says police have no legal power to reduce the fine or demerit points. Mention your record as background to a ground your facts support, such as a genuine emergency.

I wasn’t driving – what do I do?

Nominate the actual driver on SAPOL’s Driver Nomination form, online, by email to drivernomination@police.sa.gov.au or by post, before the due date for payment. Do not pay the notice: if the owner pays, the demerit points are recorded against the owner. Only name the person who was really driving.

How long do I have to nominate the driver?

Your nomination must reach police before the due date for payment on the notice. When police receive it they suspend the time for payment, and extend the due date if it passes (Law Handbook). SAPOL publishes no separate day count, so treat the 28-day payment period as your deadline.

Is a false driver nomination an offence in SA?

Yes. It is an offence to make a statement for a nomination that is false or misleading in a material particular (Road Traffic Act 1961 ss 79B(14) and 174A(13)). Knowingly making an untrue statutory declaration is a separate offence with a maximum of 4 years’ imprisonment (Oaths Act 1936 s 27(1)). Only nominate the real driver.

Is it worth taking a speeding fine to court?

Only with a real defence and after legal advice. A conviction appears on later police checks, the court can add prosecution and court costs and levies to a court fine, and you cannot change your mind once you elect. In return, calibration certificates and body-worn video may be disclosed, and you can argue the offence was trifling.

Can I avoid demerit points?

Only if the notice is withdrawn, or, where someone else was driving, by nominating that person. Points are recorded once the expiation is paid or the matter is finalised in court, and police have no power to reduce them. Paying a camera notice as the owner records the points against you.

What if I am on P plates?

A learner or provisional driver who gains 4 or more points may be disqualified for 6 or 12 months, depending on the circumstances. A single offence of 20 km/h or more over carries 5 points. A provisional driver disqualified for 4 or more points may be able to choose a Safer Driver Agreement instead, notified within 28 days.

The speed camera was wrong – can I challenge it?

Through a review or withdrawal request, or in court. SAPOL says cruise control and GPS readings are not as accurate as police devices, and its Expiation Notice Branch does not supply calibration certificates in a review. They may be disclosed by the prosecutor if you elect to be prosecuted. View the camera photos online first.

How much is a speeding fine in SA?

For a car, from 1 July 2026: $215 under 10 km/h over, $484 for 10 to under 20, $987 for 20 to under 30, $1,793 for 30 to under 45, and $2,018 for 45 km/h or more. A Victims of Crime levy of $108 (or $20 under 18) is added (Department for Infrastructure and Transport).

What happens if I am caught 45 km/h or more over the limit?

It is excessive speed: 9 demerit points, a $2,018 expiation fee for a car (from 1 July 2026), and an automatic 6-month licence disqualification. You lose your licence immediately, and police may also clamp or impound the vehicle. A review is still on the trifling ground only, and police have no power to reduce the fine or points.

Does SA have double demerit points?

No. The SA Government says “South Australia does not use double demerit points.” Speeding points range from 2 to 9 depending on the speed, apply from the date of the offence, and expire 3 years after it. On a full licence, 12 or more points within 3 years means disqualification.

Can I get a payment plan and still contest the fine?

No. A payment arrangement with the Fines Enforcement and Recovery Unit counts as expiating the offence, even if it later ends. It ends your right to a trifling review (s 8A(6)) and to elect to be prosecuted (s 8(2)(a)). Decide on a review or nomination first.

Other fines: for a government fine that is not about speeding or parking, see our Fine Review Request. For how review letters work in each state, read how to write a fine review request, state by state.

Claim Done is not a law firm and does not give legal advice. This page is general information about South Australian law, checked 7 November 2026.

Sources

Last checked 7 November 2026. See also: dispute a parking fine in South Australia and contest a speeding fine anywhere in Australia.

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