Penalties and Sentences Regulation 2015

1Short title

This regulation may be cited as the Penalties and Sentences Regulation 2015 .

2Prescribed local government—Act, s 5(1)(b)

For section 5 (1) (b) of the Act, the prescribed local governments are mentioned in schedule 2.

3Value of penalty unit for particular purposes—Act, s 5A(1)

For section 5A (1) of the Act, the prescribed value of a penalty unit for section 5 (1) (a) (i), (c)(i) and (e)(i) of the Act is $121.90.

s 3 amd 2016 SL No. 39 s 4

4Principle prescribed—Act, s 9(2)(p)

In sentencing an offender, a court must also have regard to the principle that it should not refuse to make a fine option order or a community based order for the offender merely because of—

(a)any physical, intellectual or psychiatric disability of the offender; or

(b)the offender’s sex, educational level or religious beliefs.

5Drug diversion courts—Act, s 15B

The following are prescribed for the definition drug diversion court in section 15B of the Act—

(a)each Magistrates Court;

(b)each Childrens Court constituted by a magistrate.

6Prescribed dangerous drugs and prescribed quantities—Act, s 15D

Schedule 1 sets out—

(a)the dangerous drugs prescribed for the definition prescribed dangerous drug in section 15D of the Act; and

(b)for each prescribed dangerous drug, the quantity prescribed for the definition prescribed quantity in section 15D of the Act.

7Application for permission to leave or stay out of Queensland

An application for permission mentioned in section 66 (1) (f), 93 (1) (f), 103 (1) (f), 110C (1) (f) or 114 (1) (h) of the Act must be made to an authorised corrective services officer by or for the offender.

8Recording of hours of community service performed

(1)The project supervisor must record on an attendance return provided by the chief executive (corrective services)—

(a)the time of each day when the offender reports for community service; and

(b)the time of each day when the offender stops performing community service.

(2)The offender must countersign each entry made by the project supervisor in the attendance return.

(3)In this section—

project supervisor means the person under whose supervision an offender performs community service.

9Chief executive (corrective services) to be advised if fine or part of fine is paid

If, under section 73 of the Act, a fine or a part of a fine is paid to the proper officer of the court in which the original order was made, the proper officer must notify the chief executive (corrective services) of the payment.

9ACorresponding control orders—Act, s 161ZW

For section 161ZW of the Act, each of the following is prescribed to be a corresponding control order—

(a)a serious crime prevention order under the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW);

(b)a control order under the Serious Crime Control Act (NT), if the order is made on the ground mentioned in section 23(1)(d) of that Act;

(c)a control order under the Serious and Organised Crime (Control) Act 2008 (SA), if the court is satisfied of the matter mentioned in section 22(2)(c) of that Act.

s 9A ins 2016 No. 62 s 286

10Offender levy—Act, s 179C(5)

For section 179C (5) of the Act, the prescribed amount is—

(a)if the sentence is imposed by the Supreme Court or District Court—$344.30; or

(b)if the sentence is imposed by a Magistrates Court—$114.80.

s 10 amd 2016 SL No. 85 s 82

11Repeal

The Penalties and Sentences Regulation 2005, SL No. 213 is repealed.

section 6

In this schedule—

ticket or tab means the amount of the dangerous drug, not greater than 0.000040g, that is prepared or apparently prepared to be administered as a single dose.

section 2