Penalties and Sentences Act 1992

An Act to consolidate and amend the law relating to sentencing of offenders and to impose a levy on offenders on sentence

Long title amd 2012 No. 17 s 30

Preamble

1Society is entitled to protect itself and its members from harm.

2The criminal law and the power of courts to impose sentences on offenders represent important ways in which society protects itself and its members from harm.

3Society may limit the liberty of members of society only to prevent harm to itself or other members of society.

4Society is entitled to recover from offenders funds to help pay for the cost of law enforcement and administration.

Preamble amd 2012 No. 17 s 31

1Short title

This Act may be cited as the Penalties and Sentences Act 1992.

3Purposes

The purposes of this Act include—

(a)collecting into a single Act general powers of courts to sentence offenders; and

(b)providing for a sufficient range of sentences for the appropriate punishment and rehabilitation of offenders, and, in appropriate circumstances, ensuring that protection of the Queensland community is a paramount consideration; and

(c)encouraging particular offenders to cooperate with law enforcement agencies in proceedings or investigations about major criminal offences; and

(d)promoting consistency of approach in the sentencing of offenders; and

(e)providing fair procedures—

(i)for imposing sentences; and

(ii)for dealing with offenders who contravene the conditions of their sentence; and

(f)providing sentencing principles that are to be applied by courts; and

(g)making provision so that offenders are not imprisoned for non-payment of fines without the opportunity of obtaining a fine option order; and

(h)promoting public understanding of sentencing practices and procedures; and

(i)generally reforming the sentencing laws of Queensland; and

(j)providing for the imposition of an offender levy.

s 3 amd 1997 No. 4 s 4; 2012 No. 17 s 32; 2016 No. 62 s 271

4Definitions

In this Act—

approved form means a form approved by the chief executive for the relevant purpose.

s 4 def approved form amd 1999 No. 9 s 3 sch; 2004 No. 43 s 68

approved provider, for part 3, division 1, see section 15F.

s 4 def approved provider ins 2002 No. 59 s 6

attend, for part 3, division 1, see section 15B.

s 4 def attend ins 2002 No. 59 s 6

Attorney-General, for part 2A, see section 15AA.

s 4 def Attorney-General ins 2016 No. 31 s 7 sch 1

authorised corrective services officer see section 4A.

s 4 def authorised corrective services officer sub 1997 No. 46 s 25

amd 1999 No. 9 s 3 sch

authorised officer, for part 9C, means the director of public prosecutions, a deputy director of public prosecutions, or a lawyer appointed to assist the director of public prosecutions in the performance of the functions of the director of public prosecutions under part 9C.

s 4 def authorised officer ins 2013 No. 21 s 62 (1)

banning order, for part 3B, see section 43I.

s 4 def banning order ins 2010 No. 51 s 54 (2)

benefit, for part 9D, see section 161N.

s 4 def benefit ins 2016 No. 62 s 272 (2)

board guidelines means guidelines under the Corrective Services Act 2006, section 242E.

s 4 def board guidelines ins 2010 No. 34 s 34 (2)

amd 2017 No. 15 s 24 sch 1

category A offence see section 161F.

s 4 def category A offence ins 2013 No. 21 s 62 (1)

category B offence see section 161F.

s 4 def category B offence ins 2013 No. 21 s 62 (1)

category C offence see section 161F.

s 4 def category C offence ins 2013 No. 21 s 62 (1)

chief executive officer of Legal Aid Queensland, for part 2A, see section 15AA.

s 4 def chief executive officer of Legal Aid Queensland ins 2016 No. 31 s 7 sch 1

commission ...

s 4 def commission om 1999 No. 9 s 3 sch

commissioner, for part 9D, see section 161N.

s 4 def commissioner ins 2016 No. 62 s 272 (2)

community based order means any community service order, graffiti removal order, intensive correction order or probation order.

s 4 def community based order amd 2013 No. 31 s 42 (2)

community justice group, for an offender, means—

(a)a community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, part 4, division 1, for the offender’s community; or

(b)a group of persons within the offender’s community, other than a department of government, that is involved in the provision of any of the following—

(i)information to a court about Aboriginal or Torres Strait Islander offenders;

(ii)diversionary, interventionist or rehabilitation activities relating to Aboriginal or Torres Strait Islander offenders;

(iii)other activities relating to local justice issues; or

(c)a group of persons made up of elders or other respected persons of the offender’s community.

s 4 def community justice group amd 2007 No. 59 s 138 (1)

reloc from s 9 2007 No. 59 s 138 (2)

community service has the same meaning as in the Corrective Services Act 2006.

s 4 def community service amd 2000 No. 63 s 276 sch 2; 2006 No. 29 s 484 (3)

community service order means a community service order in force under part 5, division 2.

control order, for part 9D, see section 161N.

s 4 def control order ins 2016 No. 62 s 272 (2)

conviction means a finding of guilt, or the acceptance of a plea of guilty, by a court.

core conditions, of the rehabilitation part of a treatment order, see section 151R(1).

s 4 def core conditions ins 2017 No. 41 s 32 (2)

corrective services facility see the Corrective Services Act 2006, schedule 4.

s 4 def corrective services facility ins 2013 No. 31 s 42 (1)

corresponding control order, for part 9D, see section 161N.

s 4 def corresponding control order ins 2016 No. 62 s 272 (2)

council means the Queensland Sentencing Advisory Council established under section 198.

s 4 def council ins 2010 No. 48 s 4

om 2012 No. 19 s 12

ins 2016 No. 31 s 3

court—

(a)for part 2A—see section 15AA; or

(b)for part 8A—see section 151B; or

(c)for part 9D, division 3, subdivision 5—see section 161ZV.

s 4 def court ins 2010 No. 48 s 4

sub 2016 No. 62 s 272 (1)–(2)

amd 2017 No. 41 s 32 (3)

criminal organisation see section 161O.

s 4 def criminal organisation ins 2016 No. 62 s 272 (2)

Crown prosecutor includes—

(a)the Attorney-General; and

(b)the director of public prosecutions; and

(c)another person, other than a police officer, appearing for the State.

s 4 def Crown prosecutor ins 2001 No. 94 s 4

amd 2010 No. 51 s 54 (1); 2016 No. 62 s 272 (3)

current parole eligibility date, for part 9, division 3, see section 160.

s 4 def current parole eligibility date ins 2016 No. 31 s 7 sch 1

current parole release date, for part 9, division 3, see section 160.

s 4 def current parole release date ins 2016 No. 31 s 7 sch 1

custodial part, of a treatment order, see section 151N(2).

s 4 def custodial part ins 2017 No. 41 s 32 (2)

DAAR condition, for part 3, division 1, see section 19(2B).

s 4 def DAAR condition ins 2016 No. 4 s 68

dangerous prisoners application means an application under the Dangerous Prisoners (Sexual Offenders) Act 2003 for a continuing detention order, interim detention order, supervision order or interim supervision order.

s 4 def dangerous prisoners application ins 2010 No. 34 s 34 (2)

director of public prosecutions, for part 2A, see section 15AA.

s 4 def director of public prosecutions ins 2016 No. 31 s 7 sch 1

disqualifying offence, for part 3, division 1, see section 15E.

s 4 def disqualifying offence ins 2002 No. 59 s 6

domestic violence offence see the Criminal Code, section 1.

s 4 def domestic violence offence ins 2015 No. 17 s 17 (1)

drug and alcohol treatment order, for part 8A, see section 151B.

s 4 def drug and alcohol treatment order ins 2017 No. 41 s 32 (2)

drug assessment and education session, for part 3, division 1, see section 15B.

s 4 def drug assessment and education session ins 2002 No. 59 s 6

drug diversion condition, for part 3, division 1, see section 19(2A).

s 4 def drug diversion condition ins 2002 No. 59 s 6

drug diversion court, for part 3, division 1, see section 15B.

s 4 def drug diversion court ins 2002 No. 59 s 6

drug trafficking offence ...

s 4 def drug trafficking offence ins 2013 No. 31 s 42 (1)

om 2013 No. 35 s 142B

eligible drug offence, for part 3, division 1, see section 15D.

s 4 def eligible drug offence ins 2002 No. 59 s 6

eligible drug offender, for part 3, division 1, see section 15C.

s 4 def eligible drug offender ins 2002 No. 59 s 6

eligible offence, for part 8A, see section 151B.

s 4 def eligible offence ins 2017 No. 41 s 32 (2)

fine, for part 4, division 2, see section 52.

s 4 def fine ins 2016 No. 31 s 7 sch 1

fine option order means a fine option order made under part 4, division 2.

finite sentence, for part 10, see section 173(1)(b).

s 4 def finite sentence ins 2010 No. 34 s 34 (2)

finite term, for a provision about a finite sentence, means the term of the sentence.

s 4 def finite term ins 2010 No. 34 s 34 (2)

graffiti offence means—

(a)an offence against the Criminal Code, section 469 that is punishable under section 469, clause 9; or

(b)an offence against the Summary Offences Act 2005, section 17(1).

s 4 def graffiti offence ins 2013 No. 31 s 42 (1)

graffiti removal order means a graffiti removal order in force under part 5A.

s 4 def graffiti removal order ins 2013 No. 31 s 42 (1)

graffiti removal service means—

(a)the removal of graffiti; or

(b)work related or incidental to the work mentioned in paragraph (a); or

(c)other work related to or incidental to the clean up of public places whether or not it relates to the removal of graffiti.

s 4 def graffiti removal service ins 2013 No. 31 s 42 (1)

guideline judgment means a judgment that—

(a)is declared to be a guideline judgment by the Court of Appeal; and

(b)contains guidelines to be taken into account by courts in sentencing offenders, being guidelines applying—

(i)generally; or

(ii)to a particular court or class of court; or

(iii)to a particular offence, or class of offence, including under a Commonwealth Act; or

(iv)to a particular penalty or class of penalty; or

(v)to a particular class of offender.

s 4 def guideline judgment ins 2010 No. 48 s 4

sub 2016 No. 31 s 7 sch 1

guideline judgment for an offence under a Commonwealth Act, for part 2A, see section 15AA.

s 4 def guideline judgment for an offence under a Commonwealth Act ins 2016 No. 31 s 7 sch 1

guideline proceeding, for part 2A, see section 15AA.

s 4 def guideline proceeding ins 2016 No. 31 s 7 sch 1

harm, for part 10B, see section 179I.

s 4 def harm ins 2017 No. 8 s 101 sch 1

honorary member, of an organisation, for part 9D, see section 161N.

s 4 def honorary member ins 2016 No. 62 s 272 (2)

impose, a term of imprisonment on an offender for an offence, for part 9, division 3, see section 160.

s 4 def impose ins 2016 No. 31 s 7 sch 1

indefinite sentence, for part 10, see section 162.

s 4 def indefinite sentence ins 2010 No. 34 s 34 (2)

intensive correction order means an intensive correction order in force under part 6.

licence, for part 3B, see section 43G.

s 4 def licence ins 2016 No. 31 s 7 sch 1

licensed premises, for part 3B, see section 43G.

s 4 def licensed premises ins 2010 No. 51 s 54 (2)

licensee, for part 3B, see section 43G.

s 4 def licensee ins 2010 No. 51 s 54 (2)

major criminal offence see section 161S(5).

s 4 def major criminal offence ins 2016 No. 62 s 272 (2)

most serious related offence see section 161G.

s 4 def most serious related offence ins 2013 No. 21 s 62 (1)

nominal sentence, for part 10, see section 162.

s 4 def nominal sentence ins 2010 No. 34 s 34 (2)

non-contact order means a non-contact order in force under part 3A.

s 4 def non-contact order ins 2001 No. 94 s 4

offender means a person who is convicted of an offence, whether or not a conviction is recorded.

offender levy see section 179C.

s 4 def offender levy ins 2012 No. 17 s 33 (1)

offender’s community means the offender’s Aboriginal or Torres Strait Islander community, whether it is—

(a)an urban community; or

(b)a rural community; or

(c)a community on DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991.

s 4 def offender’s community reloc from s 9 2007 No. 59 s 138 (2)

office holder, of an organisation, for part 9D, see section 161N.

s 4 def office holder ins 2016 No. 62 s 272 (2)

operational period—

(a)for a term of imprisonment suspended under section 144(1)—means the period stated under section 144(5) in relation to the term; or

(b)for the custodial part of a treatment order under part 8A—see section 151B.

s 4 def operational period sub 2017 No. 41 s 32 (1)–(2)

original order—

(a)for part 3, division 3AA—see section 33AA(a); or

(b)for part 4, division 2—see section 52.

s 4 def original order ins 2016 No. 31 s 7 sch 1

sub 2017 No. 6 s 65

parole means parole under a parole order granted under the Corrective Services Act 2006.

s 4 def parole ins 2006 No. 29 s 484 (2)

parole eligibility date, for an offender, for part 9, division 3, see section 160.

s 4 def parole eligibility date ins 2016 No. 31 s 7 sch 1

parole release date, for an offender, for part 9, division 3, see section 160.

s 4 def parole release date ins 2016 No. 31 s 7 sch 1

participant, in a criminal organisation, see section 161P.

s 4 def participant ins 2016 No. 62 s 272 (2)

penalty includes any fine, compensation, restitution or other amount of money but does not include an offender levy.

s 4 def penalty amd 1993 No. 36 s 2 sch 1; 2012 No. 17 s 33 (2)

period of imprisonment means the unbroken duration of imprisonment that an offender is to serve for 2 or more terms of imprisonment, whether—

(a)ordered to be served concurrently or cumulatively; or

(b)imposed at the same time or different times;

and includes a term of imprisonment.

s 4 def period of imprisonment ins 1993 No. 36 s 2 sch 1

police banning notice, for part 3B, see section 43G.

s 4 def police banning notice ins 2016 No. 31 s 7 sch 1

post-prison community based release ...

s 4 def post-prison community based release ins 2000 No. 63 s 276 sch 2

om 2006 No. 29 s 484 (1)

prescribed offence—

(a)for part 5, division 2, subdivision 2—see section 108A; or

(b)for part 9D—see section 161N.

s 4 def prescribed offence ins 2014 No. 42 s 83 (2)

sub 2016 No. 62 s 272 (1)–(2)

prison means a prison within the meaning of the Corrective Services Act 2006.

s 4 def prison amd 2000 No. 63 s 276 sch 2; 2006 No. 29 s 484 (3)

probation order means a probation order in force under part 5, division 1.

proper officer means—

(a)for an order made or certificate issued by the Supreme Court—the sheriff; or

(b)for an order made or certificate issued by the District Court—any registrar; or

(c)for an order made or certificate issued by a Magistrates Court—any clerk of the court.

s 4 def proper officer amd 1995 No. 21 s 107 sch 2

sub 1999 No. 67 s 12

amd 2013 No. 21 s 62 (2)

proper officer of the court, for an offender levy, for part 10A, see section 179B.

s 4 def proper officer of the court ins 2016 No. 31 s 7 sch 1

property includes electricity.

s 4 def property ins 1994 No. 64 s 293 sch 4

prosecutor, for section 12A and parts 3A, 3B and 9D, means—

(a)in the context of a proceeding before, or an application to, a Magistrates Court—a police officer or Crown prosecutor; or

(b)otherwise—a Crown prosecutor.

s 4 def prosecutor ins 2001 No. 94 s 4

amd 2010 No. 51 s 54 (1); 2015 No. 17 s 17 (2); 2016 No. 62 s 272 (4)

prospective member, of an organisation, for part 9D, see section 161N.

s 4 def prospective member ins 2016 No. 62 s 272 (2)

public place—

(a)for part 3B, see section 43G; or

(b)for part 5, division 2, subdivision 2, see section 108A.

s 4 def public place ins 2010 No. 51 s 54 (2)

sub 2014 No. 42 s 83

qualifying offence, for part 10, see section 162.

s 4 def qualifying offence ins 2010 No. 34 s 34 (2)

Queensland board means the Parole Board Queensland established under the Corrective Services Act 2006.

s 4 def Queensland board ins 2010 No. 34 s 34 (2)

amd 2017 No. 15 s 24 sch 1

Queensland driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

s 4 def Queensland driver licence ins 2007 No. 37 s 125 sch

registered corresponding control order, for part 9D, see section 161N.

s 4 def registered corresponding control order ins 2016 No. 62 s 272 (2)

registrar, for part 9D, division 3, subdivision 5, see section 161ZV.

s 4 def registrar ins 2016 No. 62 s 272 (2)

rehabilitation part, of a treatment order, see section 151Q(2).

s 4 def rehabilitation part ins 2017 No. 41 s 32 (2)

re-integration program means a program under the Corrective Services Act 2006 that is designed to assist an offender to re-integrate into the community, and includes parole.

s 4 def re-integration program sub 2000 No. 63 s 276 sch 2

amd 2006 No. 29 s 484 (3)–(4); 2009 No. 30 s 42

related offences see section 161G.

s 4 def related offences ins 2013 No. 21 s 62 (1)

remove, in relation to graffiti, includes the following—

(a)repair;

(b)conceal;

(c)cover;

(d)attempt to remove.

Example—

painting over graffiti

s 4 def remove ins 2013 No. 31 s 42 (1)

respondent, for part 9D, division 3, subdivision 5, see section 161ZY(1)(b).

s 4 def respondent ins 2016 No. 62 s 272 (2)

review, a guideline judgment, for part 2A, see section 15AA.

s 4 def review ins 2016 No. 31 s 7 sch 1

review team, for part 8A, see section 151B.

s 4 def review team ins 2017 No. 41 s 32 (2)

senior police officer, for part 9D, see section 161N.

s 4 def senior police officer ins 2016 No. 62 s 272 (2)

sentence—

(a)means a penalty or imprisonment ordered to be paid or served, or another order made, by a court after an offender is convicted, whether or not a conviction is recorded; and

(b)for part 10A—includes an order made by a court to deal with the offender for an offence instead of passing sentence.

s 4 def sentence sub 2016 No. 31 s 7 sch 1

serious child sex offence see section 161D.

s 4 def serious child sex offence ins 2012 No. 14 s 5

serious criminal activity, for part 9D, see section 161N.

s 4 def serious criminal activity ins 2016 No. 62 s 272 (2)

serious drug offence means a category A offence, category B offence or category C offence.

s 4 def serious drug offence ins 2013 No. 21 s 62 (1)

serious drug offence certificate see section 161G.

s 4 def serious drug offence certificate ins 2013 No. 21 s 62 (1)

serious harm means any detrimental effect of a serious nature on a person’s emotional, physical or psychological wellbeing, whether temporary or permanent.

s 4 def serious harm ins 2010 No. 34 s 34 (2)

serious organised crime circumstance of aggravation see section 161Q.

s 4 def serious organised crime circumstance of aggravation ins 2016 No. 62 s 272 (2)

serious violent offence means a serious violent offence of which an offender is convicted under section 161A.

s 4 def serious violent offence ins 1997 No. 4 s 5

severe substance use disorder, for part 8A, see section 151B.

s 4 def severe substance use disorder ins 2017 No. 41 s 32 (2)

sexual offence, for part 9, division 3, see section 160.

s 4 def sexual offence ins 2016 No. 31 s 7 sch 1

SPE Act means the State Penalties Enforcement Act 1999.

s 4 def SPE Act ins 2016 No. 31 s 7 sch 1

SPER means the State Penalties Enforcement Registry established under the SPE Act.

s 4 def SPER ins 2007 No. 3 s 48

amd 2016 No. 31 s 7 sch 1

suitability assessment report, for part 8A, see section 151B.

s 4 def suitability assessment report ins 2017 No. 41 s 32 (2)

term of imprisonment means the duration of imprisonment imposed for a single offence and includes—

(a)the imprisonment an offender is serving, or is liable to serve—

(i)for default in payment of a single fine; or

(ii)for failing to comply with a single order of a court; and

(b)for an offender on whom a finite sentence has been imposed, any extension under section 174B(6) of the offender’s finite term.

s 4 def term of imprisonment sub 2010 No. 34 s 34

treatment order, for part 8A, see section 151B.

s 4 def treatment order ins 2017 No. 41 s 32 (2)

treatment order agency, for part 8A, see section 151B.

s 4 def treatment order agency ins 2017 No. 41 s 32 (2)

treatment program, for part 8A, see section 151B.

s 4 def treatment program ins 2017 No. 41 s 32 (2)

unpaid service means—

(a)community service required to be performed under a community service order; or

(b)graffiti removal service required to be performed under a graffiti removal order.

s 4 def unpaid service ins 2013 No. 31 s 42 (1)

unperformed graffiti removal service, for an offender, means graffiti removal service that the offender—

(a)is required to perform under a graffiti removal order; and

(b)has not performed.

s 4 def unperformed graffiti removal service ins 2013 No. 31 s 42 (1)

unperformed unpaid service, for an offender, means unpaid service that the offender—

(a)is required to perform under a community service order or a graffiti removal order; and

(b)has not performed.

s 4 def unperformed unpaid service ins 2013 No. 31 s 42 (1)

victim, for part 10B, see section 179I.

s 4 def victim ins 2017 No. 8 s 101 sch 1

victim impact statement, for part 10B, see section 179I.

s 4 def victim impact statement ins 2017 No. 8 s 101 sch 1

4AMeaning of authorised corrective services officer

(1)

An authorised corrective services officer means a person who—

(a)is—

(i)a corrective services officer under the Corrective Services Act 2006; or

(ii)an employee of a person or body engaged under that Act, section 272; and

(b)is authorised by the chief executive (corrective services) for the relevant purpose.

(2)In this section—

chief executive (corrective services) does not include an engaged service provider under the Corrective Services Act 2006.

s 4A ins 1997 No. 46 s 26

amd 1999 No. 9 s 3 sch; 2000 No. 63 s 276 sch 2; 2006 No. 29 s 485

5Meaning of penalty unit

(1)The value of a penalty unit is—

(a)for the SPE Act or an infringement notice, other than an infringement notice for an offence against a law mentioned in paragraph (b), (c) or (d)—

(i)the amount prescribed under section 5A; or

(ii)if no amount is prescribed—$110; or

(b)for a local law, or an infringement notice for an offence against a local law, made by a local government prescribed under a regulation—$75; or

(c)for a local law, or an infringement notice for an offence against a local law made by a local government to which paragraph (b) does not apply or made under clause 35 of the Alcan agreement—

(i)the amount prescribed under section 5A; or

(ii)if no amount is prescribed—$110; or

(d)for the Work Health and Safety Act 2011, the Electrical Safety Act 2002, the Safety in Recreational Water Activities Act 2011 or an infringement notice for an offence against any of those Acts—$100; or

(e)in any other case, for this Act or another Act—

(i)the amount prescribed under section 5A; or

(ii)if no amount is prescribed—$110.

(2)If an Act expresses a penalty or other matter as a number (whether whole or fractional) of penalty units, the monetary value of the penalty or other matter is the number of dollars obtained by multiplying the value of a penalty unit by the number of penalty units.

(2A)However, if the monetary value of the penalty obtained under subsection (2) for an infringement notice is not a multiple of $1, the amount is rounded down to the nearest multiple of $1.

Example—

If the prescribed amount of a penalty unit under subsection (1)(a)(i) is $115.25 and an infringement notice prescribes a fine of 3 penalty units, the monetary value of the fine is $345, rounded down from $345.75.

(3)If an order of a court expresses a penalty or other matter as a monetary value, the number of penalty units is to be calculated by dividing the monetary value by the value of a penalty unit as at the time the order is made.

(4)For the purposes of this or another Act a reference to a penalty of a specified number of penalty units is a reference to a fine of that number of penalty units.

Example—

‘Maximum penalty—10 penalty units’ means the offender is liable to a maximum fine of 10 penalty units.

(5)In this section—

Alcan agreement means the agreement made under the Alcan Queensland Pty. Limited Agreement Act 1965.

infringement notice means an infringement notice under the SPE Act.

s 5 amd 1993 No. 36 s 2 sch 1; 1995 No. 54 s 45 sch 2; 1997 No. 39 s 472 sch 7; 1999 No. 70 s 166 sch 1; 2008 No. 66 s 3 (2); 2011 No. 18 s 403; 2011 No. 19 s 55; 2012 No. 17 s 34; 2014 No. 6 s 4; 2016No. 31 s 7 sch 1

5APrescribed value of particular penalty unit

(1)A regulation may prescribe the same monetary value of a penalty unit for section 5(1)(a)(i), (c)(i) and (e)(i).

(2)The amount prescribed must not be more than the amount last prescribed under this section increased by—

(a)if, on or before 31 March in a year in which the regulation is made, the Treasurer publishes in the gazette a percentage change to the amount last prescribed—that percentage; or

(b)otherwise—3.5%.

Examples—

1On 31 March 2015, the Treasurer publishes a 3% change in the value of a penalty unit. On 30 June 2015 the amount of the penalty unit is $115. The amount prescribed by regulation on 1 July 2015 may be $118.45.

2The Treasurer has not, on or before 31 March 2015, published a percentage change in the value of a penalty unit. On 30 June 2015, the amount of the penalty unit is $115. The amount prescribed by regulation on 1 July 2015 may be $119.

(3)If the amount worked out under subsection (2) is not a multiple of 5 cents, the amount must be rounded down to the nearest multiple of 5 cents.

(4)For subsection (2), if an amount has not been prescribed under this section, the amount last prescribed is taken to be $110.

(5)A regulation may only prescribe 1 increase for an amount for a financial year.

s 5A ins 2014 No. 6 s 5

6Application to children and certain courts

This Act does not apply to—

(a)a child; or

(b)a Childrens Court;

except to the extent allowed by the Youth Justice Act 1992.

s 6 amd 2004 No. 37 s 86 sch 1; 2007 No. 59 s 137; 2009 No. 34 s 45 (1) sch pt 1 amdt 26; 2016 No. 58 s 10 sch 1

7Sentences under this Act are sentences for purposes of the Criminal Code, ch 67

For the purposes of the Criminal Code, chapter 67, a sentence under this Act is taken to be a sentence imposed on conviction whether or not a conviction is recorded.

8Construction of references to court that made order

(1)A reference in this Act to the court that made a community based order or fine option order or an original order within the meaning of section 52 includes—

(a)if the order was made by the Supreme Court—any sittings of the Supreme Court in its criminal jurisdiction at any place in Queensland; or

(b)if the order was made by a District Court—any sittings of a District Court in its criminal jurisdiction at any place in Queensland; or

(c)if the order was made by a Magistrates Court—any Magistrates Court sitting at any place in Queensland; or

(d)if the order was made by a Wardens Court—any Wardens Court sitting at any place in Queensland.

(2)Subsection (1) applies even though the judge, magistrate, warden or justices constituting the court did not make the order in the first place.

s 8 amd 1995 No. 21 s 107 sch 2

8ADelegation of powers by proper officer

(1)A proper officer may delegate the proper officer’s powers under this Act to an officer of the public service (an officer) mentioned in subsection (2) if the officer is a justice.

(2)If the proper officer is—

(a)the sheriff—the powers may be delegated to an officer employed in the sheriff’s office or Magistrates Court registry; or

(b)the registrar—the powers may be delegated to an officer employed in the District Court registry or Magistrates Court registry; or

(c)the clerk of the court—the powers may be delegated to an officer employed in the Magistrates Court registry.

s 8A ins 1993 No. 76 s 3 sch 1

amd 1995 No. 21 s 107 sch 2; 2013 No. 10 s 193 sch 1

9Sentencing guidelines

(1)The only purposes for which sentences may be imposed on an offender are—

(a)to punish the offender to an extent or in a way that is just in all the circumstances; or

(b)to provide conditions in the court’s order that the court considers will help the offender to be rehabilitated; or

(c)to deter the offender or other persons from committing the same or a similar offence; or

(d)to make it clear that the community, acting through the court, denounces the sort of conduct in which the offender was involved; or

(e)to protect the Queensland community from the offender; or

(f)a combination of 2 or more of the purposes mentioned in paragraphs (a) to (e).

(2)In sentencing an offender, a court must have regard to—

(a)principles that—

(i)a sentence of imprisonment should only be imposed as a last resort; and

(ii)a sentence that allows the offender to stay in the community is preferable; and

(b)the maximum and any minimum penalty prescribed for the offence; and

(c)the nature of the offence and how serious the offence was, including—

(i)any physical, mental or emotional harm done to a victim, including harm mentioned in information relating to the victim given to the court under section 179K; and

(ii)the effect of the offence on any child under 16 years who may have been directly exposed to, or a witness to, the offence; and

(d)the extent to which the offender is to blame for the offence; and

(e)any damage, injury or loss caused by the offender; and

(f)the offender’s character, age and intellectual capacity; and

(fa)the hardship that any sentence imposed would have on the offender, having regard to the offender’s characteristics, including age, disability, gender identity, parental status, race, religion, sex, sex characteristics and sexuality; and

(fb)regardless of whether there are exceptional circumstances, the probable effect that any sentence imposed would have on—

(i)a person with whom the offender is in a family relationship and for whom the offender is the primary caregiver; and

(ii)a person with whom the offender is in an informal care relationship; and

(iii)if the offender is pregnant—the child of the pregnancy; and

(g)the presence of any aggravating or mitigating factor concerning the offender; and

(ga)without limiting paragraph (g), whether the offender was a participant in a criminal organisation—

(i)at the time the offence was committed; or

(ii)at any time during the course of the commission of the offence; and

(gb)without limiting paragraph (g), the following—

(i)whether the offender is a victim of domestic violence;

(ii)whether the commission of the offence is wholly or partly attributable to the effect of the domestic violence on the offender;

(iii)the offender’s history of being abused or victimised; and

(h)the prevalence of the offence; and

(i)how much assistance the offender gave to law enforcement agencies in the investigation of the offence or other offences; and

(j)time spent in custody by the offender for the offence before being sentenced; and

(k)sentences imposed on, and served by, the offender in another State or a Territory for an offence committed at, or about the same time, as the offence with which the court is dealing; and

(l)sentences already imposed on the offender that have not been served; and

(m)sentences that the offender is liable to serve because of the revocation of orders made under this or another Act for contraventions of conditions by the offender; and

(n)if the offender is the subject of a community based order—the offender’s compliance with the order as disclosed in an oral or written report given by an authorised corrective services officer; and

(o)if the offender is on bail and is required under the offender’s undertaking to attend a rehabilitation, treatment or other intervention program or course—the offender’s successful completion of the program or course; and

(oa)if the offender is an Aboriginal or Torres Strait Islander person—any cultural considerations, including the effect of systemic disadvantage and intergenerational trauma on the offender; and

(p)if the offender is an Aboriginal or Torres Strait Islander person—any submissions made by a representative of the community justice group in the offender’s community that are relevant to sentencing the offender, including, for example—

(i)the offender’s relationship to the offender’s community; or

(ii)any cultural considerations, including the effect of systemic disadvantage and intergenerational trauma on the offender; or

(iii)any considerations relating to programs and services established for offenders in which the community justice group participates; and

(pa)the principle that the court should not refuse to make a community based order for the offender merely because of—

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

(ii)the offender’s sex, educational level or religious beliefs; and

(q)anything else prescribed by this Act to which the court must have regard; and

(r)any other relevant circumstance.

(2A)However, the principles mentioned in subsection (2)(a) do not apply to the sentencing of an offender for any offence—

(a)that involved the use of, or counselling or procuring the use of, or attempting or conspiring to use, violence against another person; or

(b)that resulted in physical harm to another person.

(3)In sentencing an offender to whom subsection (2A) applies, the court must have regard primarily to the following—

(a)the risk of physical harm to any members of the community if a custodial sentence were not imposed;

(b)the need to protect any members of the community from that risk;

(c)the personal circumstances of any victim of the offence;

(d)the circumstances of the offence, including the death of or any injury to a member of the public or any loss or damage resulting from the offence;

(e)the nature or extent of the violence used, or intended to be used, in the commission of the offence;

(f)any disregard by the offender for the interests of public safety;

(g)the past record of the offender, including any attempted rehabilitation and the number of previous offences of any type committed;

(h)the antecedents, age and character of the offender;

(i)any remorse or lack of remorse of the offender;

(j)any medical, psychiatric, prison or other relevant report in relation to the offender;

(k)anything else about the safety of members of the community that the sentencing court considers relevant.

(4)Also, in sentencing an offender for any offence of a sexual nature committed in relation to a child under 16 years or a child exploitation material offence—

(a)the court must have regard to the sentencing practices, principles and guidelines applicable when the sentence is imposed rather than when the offence was committed; and

(b)the principles mentioned in subsection (2)(a) do not apply; and

(c)the offender must serve an actual term of imprisonment, unless there are exceptional circumstances.

(5)For subsection (4)(c), in deciding whether there are exceptional circumstances, a court may have regard to the closeness in age between the offender and the child.

(6)In sentencing an offender to whom subsection (4) applies, the court must have regard primarily to—

(a)the effect of the offence on the child; and

(b)the age of the child; and

(c)the nature of the offence, including, for example, any physical harm or the threat of physical harm to the child or another; and

(d)the need to protect the child, or other children, from the risk of the offender reoffending; and

(e)any relationship between the offender and the child; and

(f)the need to deter similar behaviour by other offenders to protect children; and

(g)the prospects of rehabilitation including the availability of any medical or psychiatric treatment to cause the offender to behave in a way acceptable to the community; and

(h)the offender’s antecedents, age and character; and

(i)any remorse or lack of remorse of the offender; and

(j)any medical, psychiatric, prison or other relevant report relating to the offender; and

(k)anything else about the safety of children under 16 the sentencing court considers relevant.

(6A)However, for subsection (6)(h), the court must not have regard to the offender’s good character if it assisted the offender in committing the offence.

(7)In sentencing an offender for a child exploitation material offence, the court must have regard primarily to—

(a)for an offence other than an offence against the Criminal Code, section 228I or 228J—the nature of any material describing or depicting a child that the offence involved, including the apparent age of the child and any activity shown; and

(aa)for an offence against the Criminal Code, section 228I or 228J—the nature of the doll, robot or other object representing or portraying a child that the offence involved, including the apparent age of the child; and

(ab)the offender’s conduct or behaviour in relation to the material, doll, robot or other object that the offence involved; and

(ac)any relationship between the offender and the child the subject of the material, or represented or portrayed by the doll, robot or other object, that the offence involved; and

(b)the need to deter similar behaviour by other offenders to protect children; and

(c)the prospects of rehabilitation including the availability of any medical or psychiatric treatment to cause the offender to behave in a way acceptable to the community; and

(d)the offender’s antecedents, age and character; and

(e)any remorse or lack of remorse of the offender; and

(f)any medical, psychiatric, prison or other relevant report relating to the offender; and

(g)anything else about the safety of children under 16 the sentencing court considers relevant.

(7AA)However, for subsection (7)(d), the court must not have regard to the offender’s good character if it assisted the offender in committing the offence.

(7A)Also, the principles mentioned in subsection (2)(a) do not apply to the sentencing of an offender under part 9D, division 2.

(8)If required by the court for subsection (2)(p), the representative must advise the court whether—

(a)any member of the community justice group that is responsible for the submission is related to the offender or the victim; or

(b)there are any circumstances that give rise to a conflict of interest between any member of the community justice group that is responsible for the submission and the offender or victim.

(9)In sentencing an offender, a court must not have regard to the following—

(a)the offender levy imposed under section 179C;

(b)whether or not the offender—

(i)may become, or is, the subject of a dangerous prisoners application; or

(ii)may become subject to an order because of a dangerous prisoners application.

(9A)Voluntary intoxication of an offender by alcohol or drugs is not a mitigating factor for a court to have regard to in sentencing the offender.

(9B)In determining the appropriate sentence for an offender convicted of the manslaughter of a child under 12 years, the court must treat the child’s defencelessness and vulnerability, having regard to the child’s age, as an aggravating factor.

(9C)In determining the appropriate sentence for an offender convicted of a relevant serious offence committed in relation to a pregnant person that resulted in destroying the life of the person’s unborn child, the court must treat the destruction of the unborn child’s life as an aggravating factor, unless the court considers it is not reasonable because of the exceptional circumstances of the case.

(10)In determining the appropriate sentence for an offender who has 1 or more previous convictions, the court must treat each previous conviction as an aggravating factor if the court considers that it can reasonably be treated as such having regard to—

(a)the nature of the previous conviction and its relevance to the current offence; and

(b)the time that has elapsed since the conviction.

(10A)In determining the appropriate sentence for an offender convicted of a domestic violence offence, the court must treat the fact that it is a domestic violence offence as an aggravating factor, unless the court considers it is not reasonable because of the exceptional circumstances of the case.

Examples of exceptional circumstances—

1the victim of the offence has previously committed an act of serious domestic violence, or several acts of domestic violence, against the offender

2the offence is manslaughter under the Criminal Code, section 304B

(10B)In determining the appropriate sentence for an offender who is a victim of domestic violence, the court must treat as a mitigating factor—

(a)the effect of the domestic violence on the offender, unless the court considers it is not reasonable to do so because of the exceptional circumstances of the case; and

(b)if the commission of the offence is wholly or partly attributable to the effect of the domestic violence on the offender—the extent to which the commission of the offence is attributable to the effect of the violence.

(10E)Subsection (10F) applies if—

(a)the court is sentencing an offender to whom subsection (2A) applies; and

(b)the offender committed the offence while the other person mentioned in subsection (2A) was performing, or because the person had performed, the functions of the person’s office or employment.

(10F)In determining the appropriate sentence for the offender, the court must treat the fact that the offender committed the offence while the other person was performing, or because the person had performed, the functions of the person’s office or employment as an aggravating factor, unless the court considers it is not reasonable to do so because of the exceptional circumstances of the case.

(10G)A reference in subsection (10E) or (10F) to a person performing the functions of the person’s office or employment includes a reference to a person performing work—

(a)in a relationship of employment; or

(b)under a contract for services; or

(c)under an appointment; or

(d)on a voluntary or unpaid basis.

(11)Despite subsection (10), the sentence imposed must not be disproportionate to the gravity of the current offence.

(12)In this section—

actual term of imprisonment means a term of imprisonment served wholly or partly in a corrective services facility.

child exploitation material offence means any of the following offences—

(a)an offence against the Classification of Computer Games and Images Act 1995, section 28 if the objectionable computer game is a child abuse computer game under the Act;

(b)an offence against any of the following provisions of the Classification of Films Act 1991—

(i)section 41(3) or 42(3) or (4);

(ii)section 43 if the offence involves a child abuse publication under the Act;

(c)an offence against the Criminal Code, section 228A, 228B, 228C, 228D, 228DA, 228DB, 228DC, 228I or 228J.

domestic violence see the Domestic and Family Violence Protection Act 2012, section 8.

family relationship has the meaning given by the Domestic and Family Violence Protection Act 2012, section 19.

informal care relationship has the meaning given by the Domestic and Family Violence Protection Act 2012, section 20.

relevant serious offence means an offence against—

(a)the following provisions of the Criminal Code—

(i)sections 302 and 305;

(ii)sections 303 and 310;

(iii)section 320;

(iv)section 323;

(v)section 328A;

(vi)section 339; and

(b)the Transport Operations (Road Use Management) Act 1995, section 83.

s 9 amd 1997 No. 4 s 6; 1999 No. 9 s 3 sch; 2000 No. 42 s 4; 2002 No. 46 s 40 sch; 2003 No. 3 s 28; 2004 No. 37 s 86 sch 1; 2004 No. 43 s 69; 2007 No. 37 s 126; 2007 No. 59 s 138; 2008 No. 55 s 136; 2009 No. 35 s 211; 2010 No. 48 s 5; 2010 No. 34 s 34A; 2012 No. 17 s 35; 2013 No. 31 s 43; 2014 No. 9 s 34; 2014 No. 42 s 84; 2016 No. 16 s 5; 2016 No. 38 s 61; 2016 No. 62 s 273; 2017 No. 17 s 258 sch 1; 2017 No. 8 s 101 sch 1; 2019 No. 15 s 9; 2020 No. 15 s 163; 2020 No. 32 s 53; 2023 No. 1 s 80; 2023 No. 23 s 165; 2024 No. 5 s 83; 2024 No. 47 s 70

10Court’s reasons to be stated and recorded

(1)If a court imposes a sentence of imprisonment, including a suspended sentence of imprisonment, it must—

(a)state in open court its reasons for the sentence; and

(b)cause the reasons to be—

(i)recorded in the transcript that is to be kept in the registry with the indictment; or

(ii)recorded in writing and kept in the office of the clerk of the court with the charge sheet; and

(c)if the chief executive (corrective services) requests a copy of the reasons—cause a copy of the reasons to be forwarded to the chief executive (corrective services).

(2)A sentence is not invalid merely because of the failure of the court to state its reasons as required by subsection (1)(a), but its failure to do so may be considered by an appeal court if an appeal against sentence is made.

(3)The court need not comply with subsection (1)(b) if the reasons are recorded under the Recording of Evidence Act 1962.

s 10 amd 1999 No. 9 s 3 sch; 2024 No. 47 s 71

11Matters to be considered in determining offender’s character

(1)In determining the character of an offender, a court may consider—

(a)the number, seriousness, date, relevance and nature of any previous convictions of the offender; and

(b)the history of domestic violence orders made or issued against the offender, other than orders made or issued when the offender was a child; and

(c)any significant contributions made to the community by the offender; and

(d)such other matters as the court considers are relevant.

(2)If oral submissions are to be made to, or evidence is to be brought before, the court about the history of domestic violence orders made or issued against the offender, the sentencing judge or magistrate may close the court for that purpose.

(3)In this section—

domestic violence order means—

(a)any of the following under the Domestic and Family Violence Protection Act 2012—

(i)a domestic violence order;

(ii)a police protection notice;

(iii)an interstate order;

(iv)an order that corresponds to an interstate order made under a repealed law of another State;

(v)a New Zealand order; or

(b)a domestic violence order under the repealed Domestic and Family Violence Protection Act 1989.

s 11 amd 2023 No. 1 s 81

12Court to consider whether or not to record conviction

(1)A court may exercise a discretion to record or not record a conviction as provided by this Act.

(2)In considering whether or not to record a conviction, a court must have regard to all circumstances of the case, including—

(a)the nature of the offence; and

(b)the offender’s character and age; and

(c)the impact that recording a conviction will have on the offender’s—

(i)economic or social wellbeing; or

(ii)chances of finding employment.

(3)Except as otherwise expressly provided by this or another Act—

(a)a conviction without recording the conviction is taken not to be a conviction for any purpose; and

(b)the conviction must not be entered in any records except—

(i)in the records of the court before which the offender was convicted; and

(ii)in the offender’s criminal history but only for the purposes of subsection (4)(b).

(3A)Despite subsection (3)(b), the conviction may be entered in a record kept by a department, a prosecuting authority or the offender’s legal representative if it is necessary for the legitimate performance of the functions of the department, prosecuting authority or legal representative.

(4)A conviction without the recording of a conviction—

(a)does not stop a court from making any other order that it may make under this or another Act because of the conviction; and

(b)has the same result as if a conviction had been recorded for the purposes of—

(i)appeals against sentence; and

(ii)proceedings for variation or contravention of sentence; and

(iii)proceedings against the offender for a subsequent offence; and

(iv)subsequent proceedings against the offender for the same offence.

(5)If the offender is convicted of a subsequent offence, the court sentencing the offender may disregard a conviction that was ordered not to be recorded but which, under subsection (3)(b)(ii), is entered in the offender’s criminal history.

(6)If—

(a)a court—

(i)convicts an offender of an offence; and

(ii)does not record a conviction; and

(iii)makes a probation order or community service order for the offender; and

(b)the offender is subsequently dealt with by a court for the same offence in any way in which it could deal with the offender if the offender had just been convicted by or before it of the offence;

the conviction for the offence must be recorded by the second court.

(7)Despite subsection (6), the second court is not required to record the conviction for the offence if—

(a)the offender is the subject of a community service order or probation order; and

(b)the reason the court is dealing with the offender for the same offence is because the offender has applied for a revocation of the community service order or probation order; and

(c)the offender has not breached the community service order or probation order.

s 12 amd 2007 No. 37 s 127; 2008 No. 59 s 95

12AConvictions for offences relating to domestic violence

(1)Subsections (2) to (4) apply if—

(a)a complaint or an indictment for a charge for an offence states the offence is also a domestic violence offence; and

(b)the offender is convicted of the offence.

(2)If a conviction is recorded in relation to the offence, it must also be recorded as a conviction for a domestic violence offence.

(3)If no conviction is recorded in relation to the offence, the offence must be entered in the offender’s criminal history as a domestic violence offence.

(4)However, a matter must not be recorded or entered under subsection (2) or (3) in relation to the offence if the court makes an order to the effect it is not satisfied the offence is also a domestic violence offence.

Note—

See the Evidence Act 1977, section 132C, which provides for the sentencing judge or magistrate in any sentencing procedure in a criminal proceeding to act on allegations of fact.

(5)If a court convicts an offender of an offence for which a matter must be recorded or entered under subsection (2) or (3) or of an offence against the Domestic and Family Violence Protection Act 2012, part 7, the prosecution may apply to the court for an order that an offence, stated in the application, of which the offender has previously been convicted (a previous offence)—

(a)for a previous offence for which a conviction was recorded—also be recorded as a conviction for a domestic violence offence; or

(b)otherwise—be entered in the offender’s criminal history as a domestic violence offence.

(6)The application—

(a)may be made in writing or orally; and

(b)must include enough information to allow the court to make a decision about whether it is appropriate to make the order.

(7)The court may ask the prosecutor for further information for it to decide whether to make an order under subsection (8).

(8)If, after considering the application, the court is satisfied a previous offence is a domestic violence offence, the court must order that the offence—

(a)for a previous offence for which a conviction was recorded—also be recorded as a conviction for a domestic violence offence; or

(b)otherwise—be entered in the offender’s criminal history as a domestic violence offence.

(9)A person against whom the domestic violence offence was committed is not compellable as a witness in proceedings before the court to decide the application.

(10)If a court is satisfied an error has been made in recording or entering an offence as a domestic violence offence, the court may, on an application or its own initiative, correct the error.

(11)For this section, proof that an offence is a domestic violence offence lies on the prosecutor.

(12)To remove any doubt, it is declared that this section does not require a matter to be recorded or entered in an offender’s traffic history under the Transport Operations (Road Use Management) Act 1995.

s 12A ins 2015 No. 17 s 18

amd 2017 No. 17 s 189

13Guilty plea to be taken into account

(1)In imposing a sentence on an offender who has pleaded guilty to an offence, a court—

(a)must take the guilty plea into account; and

(b)may reduce the sentence that it would have imposed had the offender not pleaded guilty.

(2)A reduction under subsection (1)(b) may be made having regard to the time at which the offender—

(a)pleaded guilty; or

(b)informed the relevant law enforcement agency of his or her intention to plead guilty.

(3)When imposing the sentence, the court must state in open court that it took account of the guilty plea in determining the sentence imposed.

(4)A court that does not, under subsection (2), reduce the sentence imposed on an offender who pleaded guilty must state in open court—

(a)that fact; and

(b)its reasons for not reducing the sentence.

(5)A sentence is not invalid merely because of the failure of the court to make the statement mentioned in subsection (4), but its failure to do so may be considered by an appeal court if an appeal against sentence is made.

13ACooperation with law enforcement authorities to be taken into account—undertaking to cooperate

(1)This section applies for a sentence that is to be reduced by the sentencing court because the offender has undertaken to cooperate with law enforcement agencies in a proceeding about an offence, including a confiscation proceeding.

(2)Before the sentencing proceeding starts, a party to the proceeding—

(a)must advise the relevant officer—

(i)that the offender has undertaken to cooperate with law enforcement agencies; and

(ii)that written or oral submissions or evidence will be made or brought before the court relevant on that account to the reduction of sentence; and

(b)may give to the relevant officer copies of any proposed written submissions mentioned in paragraph (a)(ii).

(3)After the offender is invited to address the court—

(a)the offender’s written undertaking to cooperate with law enforcement agencies must be handed up to the court; and

(b)any party may hand up to the court written submissions relevant to the reduction of sentence.

(4)The undertaking must be in an unsealed envelope addressed to the sentencing judge or magistrate.

(5)If oral submissions are to be made to, or evidence is to be brought before, the court relevant to the reduction of sentence, the court must be closed for that purpose.

(6)The penalty imposed on the offender must be stated in open court.

(7)After the imposition of the penalty, the sentencing judge or magistrate must—

(a)close the court; and

(b)state in closed court—

(i)that the sentence is being reduced under this section; and

(ii)the sentence it would otherwise have imposed; and

(c)cause the following to be sealed and placed on the court file with an order that it may be opened only by an order of the court, including on an application to reopen the sentencing proceedings under section 188(2)—

(i)the written undertaking;

(ii)a record of evidence or submissions made relevant to the reduction of sentence and the sentencing remarks made under paragraph (b).

(8)The sentencing judge or magistrate may make an order prohibiting publication of all or part of the proceeding or the name and address of any witness on his or her own initiative or on application.

(9)In deciding whether to make an order under subsection (8), the judge or magistrate may have regard to—

(a)the safety of any person; and

(b)the extent to which the detection of offences of a similar nature may be affected; and

(c)the need to guarantee the confidentiality of information given by an informer.

(10)A person who contravenes an order made under subsection (8) commits an offence.

Maximum penalty—

(a)for an order made by a judge—5 years imprisonment; or

(b)for an order made by a magistrate—3 years imprisonment.

(11)In this section—

relevant officer means—

(a)for a proceeding before the Supreme or District Court—the sentencing judge’s associate; or

(b)for a proceeding before a Magistrates Court—the relevant clerk of the court.

s 13A ins 1997 No. 3 s 122 sch 2

amd 1999 No. 66 s 30; 2007 No. 37 s 125 sch; 2014 No. 39 s 65

13BCooperation with law enforcement authorities to be taken into account—cooperation given

(1)This section applies for a sentence if—

(a)the sentence is to be reduced by the sentencing court because the offender has significantly cooperated with a law enforcement agency in its investigations about an offence or a confiscation proceeding; and

(b)section 13A does not apply for the sentence.

(2)For subsection (1), an offender has not significantly cooperated with a law enforcement agency in its investigations about an offence only because the offender has admitted guilt for the offence.

(3)Before the sentencing proceeding starts, a party to the proceeding—

(a)must advise the relevant officer—

(i)that the offender has significantly cooperated with a law enforcement agency; and

(ii)that written or oral submissions or evidence will be made or brought before the court relevant on that account to the reduction of sentence; and

(b)may give the relevant officer copies of any proposed written submissions mentioned in paragraph (a)(ii).

(4)After the offender is invited to address the court—

(a)an affidavit, provided by a person representing the law enforcement agency, must be handed up to the court; and

(b)any party may hand up to the court written submissions relevant to the reduction of sentence.

(5)The affidavit must—

(a)state the nature, extent and usefulness of the cooperation given to the law enforcement agency by the offender; and

(b)be in an unsealed envelope addressed to the sentencing judge or magistrate.

(6)If oral submissions are to be made to, or evidence is to be brought before, the court about the cooperation or the reduction of sentence, the court must be closed for that purpose.

(7)The penalty imposed on the offender must be stated in open court.

(8)After the imposition of the penalty, the sentencing judge or magistrate must cause the following to be sealed and placed on the court file with an order that it may be opened only by an order of the court—

(a)the affidavit;

(b)a record of evidence or submissions made relevant to the reduction of sentence;

(c)a record of the sentencing remarks relevant to the reduction of sentence, as opposed to the sentence imposed.

(9)The sentencing judge or magistrate may make an order prohibiting publication of all or part of the proceeding or the name and address of any witness on his or her own initiative or on application.

(10)In deciding whether to make an order under subsection (9), the judge or magistrate may have regard to—

(a)the safety of any person; and

(b)the extent to which the detection of offences of a similar nature may be affected; and

(c)the need to guarantee the confidentiality of information given by an informer.

(11)A person who contravenes an order made under subsection (9) commits an offence.

Maximum penalty—

(a)for an order made by a judge—5 years imprisonment; or

(b)for an order made by a magistrate—3 years imprisonment.

(12)In this section—

relevant officer means—

(a)for a proceeding before the Supreme or District Court—the sentencing judge’s associate; or

(b)for a proceeding before a Magistrates Court—the relevant clerk of the court.

s 13B ins 2014 No. 39 s 66

14Preference must be given to compensation for victims

If a court considers—

(a)that it is appropriate—

(i)to make an order for compensation (whether under this or another Act); and

(ii)to impose a fine or make another order for payment of an amount of money; and

(b)that the offender can not pay both the compensation and the fine or amount;

the court must give preference to making an order for compensation, but may also impose a sentence other than that of imprisonment.

15Information or submissions for sentence

(1)In imposing a sentence on an offender, a court may receive any information, including a report mentioned in the Corrective Services Act 2006, section 344, or a sentencing submission made by a party to the proceedings, that it considers appropriate to enable it to impose the proper sentence.

(1A)Also, without limiting subsection (1), in imposing a sentence on an offender, a court may receive any information, or a sentencing submission made by a party to the proceedings, that the court considers appropriate to enable it to decide—

(a)whether it may make a control order for the offender under part 9D, division 3; or

(b)the appropriate conditions of a control order it must, or may, make for the offender under part 9D, division 3.

(2)An authorised corrective services officer must not, in any information or report, recommend that a fine option order or community based order should not be made for an 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.

(3)In this section—

sentencing submission, made by a party, means a submission stating the sentence, or range of sentences, the party considers appropriate for the court to impose.

s 15 amd 2000 No. 63 s 276 sch 2; 2004 No. 43 s 70; 2006 No. 29 s 486; 2016 No. 16 s 6; 2016 No. 62 s 274

15AAudiovisual link or audio link may be used to sentence

(1)The court may allow anything that must or may be done in relation to the sentencing of an offender to be done over an audiovisual link or audio link, if the court considers use of the link is in the interests of justice.

(2)However, the court may not make an order under subsection (1) if facilities mentioned in subsection (5)(a) are not available at the court or the place where the offender is present.

(3)For subsection (1), in deciding whether use of an audio link is in the interests of justice, the court must have regard to the desirability of sentencing an offender over an audiovisual link, rather than an audio link, if an audiovisual link is available.

(4)For sections 10(1) and 13(3) or (4), anything done, for an offender’s sentencing, over an audiovisual link or audio link between the offender and the court sitting in open court is taken to be done in open court.

(5)If an offender is sentenced over an audiovisual link or audio link and the offender’s representative in the proceeding is at the place where the court is sitting—

(a)the court and the place where the offender is present must make facilities available for private communication between the offender and the offender’s representative; and

(b)a communication between the offender and the offender’s representative is as confidential and inadmissible in any proceeding as it would be if it took place between the offender and the offender’s representative while in each other’s presence.

(6)Subsection (5)(b) does not limit any other protection applying to the communication.

(7)The provisions of the Evidence Act 1977 relating to the use of an audiovisual link or audio link in criminal proceedings apply for, and are not limited by, subsection (1).

s 15A ins 1999 No. 65 s 10

amd 2013 No. 64 s 120

pt 2A hdg ins 2010 No. 48 s 6

15AADefinitions for pt 2A

In this part—

Attorney-General includes the nominee of the Attorney-General.

chief executive officer of Legal Aid Queensland includes the nominee of the chief executive officer of Legal Aid Queensland.

court means the Court of Appeal.

director of public prosecutions includes the nominee of the director of public prosecutions.

guideline judgment ...

s 15AA def guideline judgment om 2016 No. 31 s 7 sch 1

guideline judgment for an offence under a Commonwealth Act means a guideline judgment to the extent it relates to an offence under a Commonwealth Act.

guideline proceeding means—

(a)that part of a proceeding relating to the giving or review of a guideline judgment under section 15AD; or

(b)a proceeding, or part of a proceeding, under section 15AE on an application for the giving or review of a guideline judgment under that section.

review, a guideline judgment, means—

(a)confirm the guideline judgment; or

(b)vary the guideline judgment; or

(c)revoke the guideline judgment; or

(d)substitute a new guideline judgment for the guideline judgment.

s 15AA ins 2010 No. 48 s 6

15ABPowers of court to give or review guideline judgments

(1)The court may give or review a guideline judgment—

(a)on its own initiative under section 15AD; or

(b)on an application under section 15AE.

(2)However—

(a)a guideline judgment for an offence under a Commonwealth Act may be given or reviewed only in a proceeding where the guideline judgment relates to a matter in the proceeding; and

(b)the court must comply with section 15AC.

s 15AB ins 2010 No. 48 s 6

15ACLimitations for guideline judgments

(1)A guideline judgment, other than a guideline judgment for an offence under a Commonwealth Act, must be consistent with Queensland law.

(2)A guideline judgment for an offence under a Commonwealth Act must—

(a)be consistent with Commonwealth law; and

(b)set out non-binding considerations to guide the future exercise of discretion and not purport to establish a rule of binding effect; and

(c)articulate principles to underpin the determination of a particular sentence and not state the expected decisions in a future proceeding.

s 15AC ins 2010 No. 48 s 6

15ADGuideline judgments on own initiative

(1)The court may, on its own initiative—

(a)give or review a guideline judgment, other than a guideline judgment for an offence under a Commonwealth Act, in a proceeding and whether or not the court considers giving or reviewing the guideline judgment is necessary for the purpose of determining the proceeding; and

(b)pronounce the guideline judgment separately or by inclusion in any judgment the court considers appropriate.

(2)The court may, on its own initiative—

(a)give or review a guideline judgment for an offence under a Commonwealth Act in a proceeding and only if the court considers giving or reviewing the guideline judgment is necessary for the purpose of determining the proceeding; and

(b)pronounce the guideline judgment only by inclusion in the judgment for the proceeding.

s 15AD ins 2010 No. 48 s 6

15AEGuideline judgments on application

(1)The following persons may apply to the court for a guideline judgment to be given or reviewed—

(a)the Attorney-General;

(b)the director of public prosecutions;

(c)the chief executive officer of Legal Aid Queensland.

(2)For subsection (1), the application is not required to be an application in a proceeding.

(3)Also, on an appeal after a person is convicted, the person may apply to the court for review of a guideline judgment to the extent it contains a guideline that is relevant in the circumstances.

(4)The application may include submissions in support of the application.

(5)The court may, on an application under this section—

(a)give or review a guideline judgment, other than a guideline judgment for an offence under a Commonwealth Act, whether or not this is necessary for the purpose of determining a proceeding; and

(b)pronounce the guideline judgment separately or by inclusion in any judgment the court considers appropriate.

(6)The court may, on an application under this section—

(a)give or review a guideline judgment for an offence under a Commonwealth Act only if the court considers giving or reviewing the guideline judgment is necessary for the purpose of determining a proceeding in relation to the offence; and

(b)pronounce the guideline judgment only by inclusion in the judgment for the proceeding.

s 15AE ins 2010 No. 48 s 6

15AFRight of appearance in a guideline proceeding

(1)The following persons may appear in a guideline proceeding—

(a)the Attorney-General;

(b)the director of public prosecutions;

(c)the chief executive officer of Legal Aid Queensland.

(2)Also, for a guideline proceeding in which the court is giving or reviewing a guideline judgment relevant to an appeal before the court against the sentence of a convicted person, the convicted person may appear in the guideline proceeding.

(3)Without limiting subsection (1) or (2), a person who may appear under subsection (1) or (2) may—

(a)oppose or support the giving or reviewing of the guideline judgment by the court; and

(b)make submissions in relation to the framing of the guidelines to be contained in the guideline judgment; and

(c)inform the court of any relevant pending appeal against sentence; and

(d)assist the court in relation to any relevant matter.

s 15AF ins 2010 No. 48 s 6

15AGPowers of Attorney-General or director of public prosecutions

(1)Nothing in the Director of Public Prosecutions Act 1984 or any Act or law prevents, or in any way limits, the exercise of a power conferred on the director of public prosecutions under section 15AE or 15AF.

(2)Without limiting subsection (1), in exercising a power conferred on the director of public prosecutions under this section, the director is not, despite the Director of Public Prosecutions Act 1984, section 10, responsible to, or subject to the direction of, the Attorney-General.

(3)Nothing in any Act or law prevents, or in any way limits, the performance of a function conferred on the Attorney-General under section 15AE or 15AF.

s 15AG ins 2010 No. 48 s 6

15AHRelevant considerations before giving or reviewing guideline judgment

If the court is considering giving or reviewing a guideline judgment, the court must consider—

(a)the need to promote consistency of approach in sentencing offenders; and

(b)the need to promote public confidence in the criminal justice system.

s 15AH ins 2010 No. 48 s 6

sub 2012 No. 19 s 13

15AIProcedural requirements if court decides to give or review guideline judgment

(1)This section applies if the court decides to give or review a guideline judgment.

(2)The court must—

(a)for any guideline proceeding—notify the following persons of their right to appear before the court in the guideline proceeding—

(i)the Attorney-General;

(ii)the director of public prosecutions;

(iii)the chief executive officer of Legal Aid Queensland; and

(b)if the court is giving or reviewing a guideline judgment relevant to an appeal before the court against the sentence of a convicted person—notify the convicted person.

s 15AI ins 2010 No. 48 s 6

amd 2012 No. 19 s 14

15AJDiscretion of court preserved

(1)Nothing in this part—

(a)limits any power or jurisdiction of the court to give or review a judgment providing guidance on matters relating to sentencing that the court has apart from this part; or

(b)requires the court to give or review a guideline judgment if it considers giving or reviewing a guideline judgment inappropriate.

(2)If, on an application under section 15AE, the court decides not to give or review a guideline judgment, the court must give reasons for its decision.

s 15AJ ins 2010 No. 48 s 6

15AKUse of evidence in giving or reviewing guideline judgments

Nothing in the Criminal Code, section 671B limits the evidence or other matters the court may take into consideration in giving or reviewing a guideline judgment and the court may inform itself in the way it considers appropriate.

Example of matter court may consider—

any written views of the council about giving or reviewing a guideline judgment

s 15AK ins 2010 No. 48 s 6

amd 2016 No. 31 s 4

15ALRelationship between guideline judgments and other sentencing matters

A guideline in a guideline judgment—

(a)is additional to anything else required under part 2; and

(b)does not limit or otherwise affect any requirement under that part.

s 15AL ins 2010 No. 48 s 6

pt 3 div 1 sdiv 1 hdg ins 2002 No. 59 s 7

15BDefinitions for div 1

In this division—

approved provider see section 15F.

attend, for a drug assessment and education session, means attend all of the session.

DAAR condition see section 19(2B).

s 15B def DAAR condition ins 2016 No. 4 s 69 (1)

disqualifying offence see section 15E.

drug assessment and education session, for an offender, means a single session provided by an approved provider involving assessment of the offender’s drug use, drug education and identification of any appropriate treatment options for the offender.

s 15B def drug assessment and education session amd 2016 No. 4 s 69 (2)

drug diversion condition see section 19(2A).

drug diversion court means a court prescribed under a regulation for this definition.

eligible drug offence see section 15D.

eligible drug offender see section 15C.

s 15B ins 2002 No. 59 s 7

15CMeaning of eligible drug offender

(1)An eligible drug offender is a person charged with an eligible drug offence who has pleaded guilty to the offence.

(2)The person is not an eligible drug offender if—

(a)a charge against the person for a disqualifying offence is pending in a court; or

(b)the person has, at any time, been convicted of a disqualifying offence; or

(c)2 diversion alternatives have previously been given to the person.

(3)For subsection (2)(b), a conviction of a disqualifying offence does not include a conviction in relation to which the rehabilitation period has expired, and not been revived, under the Criminal Law (Rehabilitation of Offenders) Act 1986.

(4)For subsection (2)(c)—

(a)a diversion alternative has been given to the person if—

(i)a court has made an order in relation to the person under section 19(1)(b) that includes a drug diversion condition; or

(ii)the offender has, at any time, agreed to an offer under the Police Powers and Responsibilities Act 2000, section 379AA to participate in a drug diversion assessment program; or

(iii)the person has been given a prescribed diversion alternative under a law of another State or the Commonwealth; and

(b)for counting the number of diversion alternatives given to the person, a diversion alternative—

(i)is counted even if it was given for an offence committed before the diversion alternative counted as the first diversion alternative was given; and

(ii)is not counted if it was given on the same day as the diversion alternative counted as the first diversion alternative was given.

(5)In this section—

conviction see the Criminal Law (Rehabilitation of Offenders) Act 1986, section 3.

prescribed diversion alternative means circumstances prescribed under a regulation for this definition that are similar to the circumstances mentioned in subsection (4)(a)(i) or (ii).

rehabilitation period see the Criminal Law (Rehabilitation of Offenders) Act 1986, section 3.

revived see the Criminal Law (Rehabilitation of Offenders) Act 1986, section 3.

s 15C ins 2002 No. 59 s 7

amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86); 2017 No. 41 s 33; 2023 No. 11 s 13

15DMeaning of eligible drug offence

(1)An eligible drug offence is—

(a)an offence by a person against the Drugs Misuse Act 1986, section 9 of unlawfully having possession of a dangerous drug if—

(i)each dangerous drug mentioned in the charge for the offence is a prescribed dangerous drug; and

(ii)for each dangerous drug mentioned in the charge, the total quantity of the substances, preparations, solutions and admixtures in the person’s possession containing the dangerous drug is not more than the prescribed quantity in relation to the dangerous drug; and

Example—

Assume the charge mentioned prescribed drugs X and Y. The prescribed quantity in relation to X is 1.0g and the prescribed quantity in relation to Y is 0.2g. The person had—

•0.2g of a preparation containing X and Y; and

•0.7g of a preparation containing X; and

•0.1g of an admixture containing Y.

The total quantity of the preparations in the person’s possession containing X is 0.9g (0.2 + 0.7) which is not more than the prescribed quantity in relation to X (1.0g).

The total quantity of the preparation and admixture in the person’s possession containing Y is 0.3g (0.2 + 0.1) which is more than the prescribed quantity in relation to Y (0.2g).

Subsection (1)(a)(ii) is not satisfied.

(iii)the court considers each dangerous drug mentioned in the charge was for the person’s personal use; or

(b)an offence against the Drugs Misuse Act 1986, section 10(1), if the court considers the possession of each thing mentioned in the charge was related to its personal use by the person in connection with the commission of the offence; or

(c)an offence against the Drugs Misuse Act 1986, section 10(2), (4) or (4A).

(2)In this section—

dangerous drug see the Drugs Misuse Act 1986, section 4.

prescribed dangerous drug means a dangerous drug prescribed under a regulation for this definition.

prescribed quantity means a quantity prescribed under a regulation for this definition.

s 15D ins 2002 No. 59 s 7

amd 2007 No. 37 s 128; 2010 No. 42 s 162

15EMeaning of disqualifying offence

(1)A disqualifying offence is—

(a)an offence of a sexual nature; or

(b)an offence against the Drugs Misuse Act 1986, section 5, 6, 8 or 9, other than an offence dealt with, or to be dealt with, summarily; or

(c)an indictable offence involving violence against another person, other than an offence charged under any of the following provisions of the Criminal Code—

•section 335

•section 340(1)(a), but only if the offence is the assault of another with intent to resist or prevent the lawful arrest or detention of the person or of any other person

•section 340(1)(b).

Note—

Under the Acts Interpretation Act 1954, schedule 1—

indictable offence includes an act or omission committed outside Queensland that would be an indictable offence if it were committed in Queensland.

(2)A reference to a provision in subsection (1) or (4) includes a reference to a law of another State or the Commonwealth that corresponds to the provision.

(3)A reference in subsection (1)(c) to an indictable offence includes a reference to an indictable offence dealt with summarily.

(4)In this section—

offence of a sexual nature means an offence defined in the Criminal Code, section 210, 213, 215, 216, 217, 218, 219, 221, 222, 227, 228, 229B, 323A, 323B, 363A or chapter 32.

s 15E ins 2002 No. 59 s 7

amd 2007 No. 37 s 125 sch; 2008 No. 55 s 137; 2013 No. 39 s 111 sch 4; 2016 No. 50 s 40 sch 1

15FMeaning of approved provider

(1)An approved provider is an entity approved by the chief executive (health) by gazette notice to provide drug assessment and education sessions.

(2)In this section—

chief executive (health) means the chief executive of the department in which the Medicines and Poisons Act 2019 is administered.

s 15F ins 2002 No. 59 s 7

amd 2019 No. 26 s 290 sch 2

pt 3 div 1 sdiv 2 hdg ins 2002 No. 59 s 7

16Court may make order under this division if it does not record conviction

Subject to section 20(2), if a court makes an order under section 19, it must not record a conviction.

17Making of order

(1)If a court considers that it is appropriate that no punishment or only a nominal punishment should be imposed on an offender, the court may make an order under section 19.

(2)Despite subsection (1), a drug diversion court may make an order under section 19(1)(b) that includes a drug diversion condition if the matters mentioned in section 19(2A)(b) and (c) are satisfied.

s 17 amd 2002 No. 59 s 8

18Matters to which court must have regard

Before making an order under section 19, the court must have regard to—

(a)the offender’s character, age, health and mental condition; and

(b)the nature of the offence; and

(c)circumstances (if any) under which the offence was committed that make the offence less serious than what it would be if it had been committed under other circumstances; and

(d)anything else to which the court considers it proper to have regard.

19Order of court

(1)The court may make an order—

(a)releasing the offender absolutely; or

(b)that the offender be released if the offender enters into a recognisance, with or without sureties, in such amount as the court considers appropriate, on the conditions that the offender must—

(i)be of good behaviour; and

(ii)appear for conviction and sentence if called on at any time during such period (not longer than 3 years) as is stated in the order.

(2)In making an order under subsection (1)(b), the court may impose any additional conditions that it considers appropriate.

(2A)Without limiting subsection (2), the court may impose a condition that the offender must participate in a drug assessment and education session by a stated date (a drug diversion condition) if—

(a)the court is a drug diversion court; and

(b)the offender is an eligible drug offender; and

(c)the offender consents to participating in a drug assessment and education session.

(2B)Also, without limiting subsection (2) or (2A), if the offender consents to completing a DAAR course, the court may impose a condition (a DAAR condition) that the offender complete a DAAR course by a stated day.

(3)If a court makes an order under subsection (1), the court may also make any other order for payment of compensation or restitution that the court could have made had the offender been convicted.

(4)In this section—

DAAR course see the Bail Act 1980, section 11AB(6).

Note—

DAAR stands for Drug and Alcohol Assessment Referral. See the Bail Act 1980, section 11AB(6), definition DAAR.

s 19 amd 2002 No. 59 s 9; 2016 No. 4 s 70; 2017 No. 41 s 34

20Contravention of order

(1)If a court that makes an order under section 19(1)(b), or a court of like jurisdiction, is satisfied that the offender has contravened a condition of the offender’s recognisance, the court may—

(a)forfeit the recognisance; and

(b)issue a warrant directed to all police officers to arrest and bring the offender before the court.

(1A)Also, without limiting subsection (1), if the offender contravenes a relevant condition of the offender’s recognisance, the proper officer of the court may bring the offender back before the court by giving notice to the offender that the proceeding for the offence is to be heard by the court on a stated day.

(2)When the offender appears before the court, whether under the warrant issued under subsection (1)(b) or under a notice given under subsection (1A), the court may—

(a)record a conviction and sentence the offender for the offence with which the offender was originally charged; or

(b)make any other order that the court could have made;

as if the offender had not been released on recognisance.

(3)In this section—

relevant condition means—

(a)a drug diversion condition; or

(b)a DAAR condition.

s 20 amd 2008 No. 55 s 138; 2016 No. 4 s 71

21Termination of recognisance

A recognisance entered into under this division is terminated—

(a)at the end of its period; or

(b)if it is forfeited under section 20(1)(a); or

(c)if the offender appears before the court under section 20(2); or

(d)if a court orders that it is terminated;

whichever is the first to happen.

s 21 amd 1993 No. 36 s 2 sch 1

22Court may make order under this division if it does not record conviction

Subject to section 27(2), if a court acts under this division, it must not record a conviction.

23When court may act under this division

If an offender is convicted of an offence relating to property and the court considers it appropriate to do so, the court may act under this division.

24Adjournment and release of offender if recognisance entered into

(1)A court may—

(a)adjourn the sentencing of the offender to a time and place ordered by the court; and

(b)release the offender if the offender enters into a recognisance, with or without sureties, in such amount as the court considers appropriate, on the condition that the offender must appear before the court—

(i)to be sentenced at the time and place ordered by the court; or

(ii)if called on before the time ordered by the court for the purposes of section 25.

(2)The adjournment under subsection (1)(a) must not be longer than 6 months after the offender is convicted.

25Offender may be called on to do certain things

The offender may be called on with a view to the offender taking steps to—

(a)restore property, to which the offence relates, to the person aggrieved by the offence; or

(b)reinstate property to the satisfaction of the court or the person aggrieved by the offence; or

(c)compensate the person aggrieved by the offence for damage caused to the person’s property; or

(d)comply in all respects with any other order the court may make.

26Offender may be called on for sentence

(1)If it is made to appear to the court that convicted the offender, or a court of like jurisdiction, that the offender should be called on to appear and be sentenced for the relevant offence before the time ordered under section 24(1)(a), the court may direct that the offender be called on to appear to be sentenced at a time and place ordered by the court.

(2)In sentencing the offender, the court may have regard to whether the offender has taken the steps mentioned in section 25 that are appropriate to the offender’s case.

27Offender failing to appear under recognisance or when called

(1)If the offender—

(a)fails to appear at the time and place ordered under section 24(1)(a); or

(b)is called on under section 24(1)(b)(ii) or 26(1) and fails to appear at the time and place called on or ordered by the court;

the court, or a court of like jurisdiction, may—

(c)forfeit the recognisance; and

(d)issue a warrant directed to all police officers to arrest and bring the offender before the court.

(2)When the offender appears before the court that issued the warrant under subsection (1)(d), the court may—

(a)record a conviction and sentence the offender for the offence for which the offender was originally charged; or

(b)make any other order that the court could have made;

as if the offender had not been released on recognisance.

28Termination of recognisance

A recognisance entered into under this division is terminated if the offender—

(a)appears at the time and place ordered under section 24(1)(a); or

(b)is called on under section 24(1)(b)(ii) or 26(1);

whichever is the first to happen.

s 28 amd 1993 No. 36 s 2 sch 1

29Court may act under this division whether or not it records conviction

A court may act under this division whether or not it records a conviction.

30Recognisance—conviction on indictment

(1)An offender convicted on indictment may, in addition to, or instead of, any sentence to which the offender is liable, be ordered—

(a)to be released if the offender enters into a recognisance, with or without sureties, in such amount as the court considers appropriate, conditioned that the offender keep the peace and be of good behaviour for a period fixed by the court; and

(b)to be imprisoned until the recognisance mentioned in paragraph (a) is entered into.

(2)Imprisonment ordered under subsection (1)(b)—

(a)must not be longer than 1 year; and

(b)together with any other imprisonment that is ordered for the offence, must not be longer than the longest term of imprisonment for which the offender might be sentenced to be imprisoned without fine.

31Recognisance—summary conviction

An offender convicted summarily may, instead of being sentenced to punishment to which the offender is liable, be released if the offender enters into a recognisance, with or without sureties, in such amount as the court considers appropriate, on the conditions that the offender keep the peace and be of good behaviour for a period (not longer than 1 year) fixed by the court.

32Recognisance instead of imposing any other sentence

(1)Subject to section 98, if an offender is convicted, the court may, instead of imposing another sentence, release the offender if the offender enters into a recognisance, with or without sureties, in such amount as the court considers appropriate, on the conditions that—

(a)the offender must appear before the court to be sentenced at a future sittings of the court or if called on within a period stated by the court; and

(b)the offender must in the meantime keep the peace and be of good behaviour.

(2)In making an order under subsection (1), the court may impose any additional conditions that it considers appropriate.

s 32 amd 2010 No. 42 s 163

33Termination of recognisance

A recognisance entered into under this division is terminated—

(a)at the end of its period; or

(b)if the offender keeps the peace and is of good behaviour for the period fixed by the court; or

(c)if required by the recognisance, the offender appears as required by the recognisance to be sentenced; or

(d)if the offender fails to appear as required by section 32(1)(a).

s 33 amd 1993 No. 36 s 2 sch 1

33AFailing to obey condition of recognisance

(1)If the court is satisfied that the offender has failed to obey a condition of the recognisance, the court may forfeit the recognisance and issue a warrant to arrest the offender.

(2)The warrant is to be directed to all police officers to arrest and bring the offender before the court or a court of like jurisdiction.

(3)The court before which the offender is brought may—

(a)sentence the offender for the offence with which the offender was originally charged; or

(b)make another order that the court could lawfully have made if the offender had not been released on recognisance.

s 33A ins 1993 No. 36 s 3

pt 3 div 3AA hdg ins 2017 No. 6 s 66

33AA Application of division

This division applies if—

(a)a court makes an order under section 19(1)(b), 24(1)(b), 30(1)(a), 31 or 32(1) that an offender be released if the offender enters into a recognisance (the original order); and

(b)the offender leaves the precincts of the court without entering into the recognisance.

s 33AA ins 2017 No. 6 s 66

33AB Proper officer of court may give offender notice

(1)The proper officer of the court may give the offender a written notice that—

(a)requires the offender, by a stated date, to attend the registry of the court at a stated place to enter into the recognisance; and

(b)informs the offender that, if the offender fails to comply with the requirement, a warrant may be issued to arrest the offender and bring the offender before the court to be dealt with according to law.

(2)The notice must be given to the offender—

(a)personally; or

(b)by post to the address of the offender last known to the proper officer of the court; or

(c)electronically, including, for example, by email.

s 33AB ins 2017 No. 6 s 66

33AC Court may issue warrant

(1)This section applies if the court is satisfied—

(a)the offender has been given a notice under section 33AB; and

(b)the offender has failed to comply with the notice.

(2)The court may issue a warrant directed to all police officers to arrest the offender and bring the offender before the court, or a court of like jurisdiction, to be dealt with according to law.

s 33AC ins 2017 No. 6 s 66

33AD Orders for offender appearing before court

(1)This section applies if the offender is arrested under a warrant issued under section 33AC and either of the following applies—

(a)the offender is brought before a court under the warrant or a warrant issued under another Act;

(b)the offender is granted bail under the Bail Act 1980, section 7 and appears before a court in accordance with the bail.

(2)The court may—

(a)confirm the original order; or

(b)revoke the original order and sentence the offender for the offence with which the offender was originally charged.

(3)If the court revokes the original order under subsection (2)(b) and a conviction has not previously been recorded for the offence mentioned in that subsection, the court may also record a conviction for the offence.

s 33AD ins 2017 No. 6 s 66

33AE Orders for particular offender failing to appear before court

(1)This section applies if—

(a)the original order is made on the hearing of a complaint of a simple offence under the Justices Act 1886; and

(b)the offender—

(i)is arrested under a warrant issued under section 33AC; and

(ii)is granted bail under the Bail Act 1980, section 7; and

(iii)fails to appear before a court in accordance with the bail.

(2)The court may, in the absence of the offender, revoke the original order and sentence the offender for the offence with which the offender was originally charged.

(3)If the court revokes the original order under subsection (2) and a conviction has not previously been recorded for the offence mentioned in that subsection, the court may also record a conviction for the offence.

(4)In sentencing the offender under subsection (2), the court may not—

(a)impose a term of imprisonment on the offender; or

(b)order that any licence, registration, certificate, permit or other authority held by the offender under any Act be cancelled or suspended; or

(c)order that the offender be disqualified from holding or obtaining any licence, registration, certificate, permit or other authority under any Act.

s 33AE ins 2017 No. 6 s 66

33AF Evidentiary provision

(1)For section 33AC(1)(a), a document purporting to be a copy of a notice given to the offender under section 33AB and endorsed with a certificate purporting to be signed by a relevant officer stating the matters mentioned in subsection (2) is evidence—

(a)that the notice was given to the offender as stated in the certificate; and

(b)if the notice was given to the offender in the way mentioned in section 33AB(2)(b)—that the address appearing on the notice is the address of the offender last known to the proper officer of the court.

(2)The matters are—

(a)the document is a copy of a notice given to the offender under section 33AB; and

(b)the notice was given to the offender in a stated way mentioned in section 33AB(2); and

(c)if the notice was given to the offender in a way mentioned in section 33AB(2)(a) or (c)—the date the notice was given to the offender; and

(d)if the notice was given to the offender in the way mentioned in section 33AB(2)(b)—

(i)the document was posted to the address appearing on the notice, which was the address of the offender last known to the proper officer of the court; and

(ii)in the ordinary course of post, the notice would be delivered on the date stated in the endorsement.

(3)For section 33AC(1)(b), a certificate purporting to be signed by the proper officer of the court stating that the offender has not complied with a notice given to the offender under section 33AB is evidence the offender has not complied with the notice.

(4)In this section—

relevant officer, in relation to a notice given to an offender under section 33AB, means—

(a)if the notice was given to the offender in the way mentioned in section 33AB(2)(a)—the person who served the notice personally on the offender; or

(b)otherwise—the proper officer of the court.

s 33AF ins 2017 No. 6 s 66

pt 3 div 3A hdg ins 1999 No. 70 s 166 sch 1 (amd 2000 No. 46 s 3 sch)

33BOrder for payment of amount under forfeited recognisance

(1)A court must, on the forfeiture of a recognisance, order—

(a)that the offender or surety liable to pay an amount stated in the recognisance pay the amount to the proper officer of the court immediately or within the time or by the instalments stated in the order; or

(b)that the proper officer of the court is, under the SPE Act, section 34, to give particulars of the amount undertaken by the surety to be paid on the forfeiture of the recognisance to SPER for registration under that section.

(2)If the court makes an order under subsection (1)(a), the court may also order that the offender or surety be imprisoned for the term, of not more than 2 years, stated in the order if the offender or surety defaults in paying the amount.

s 33B ins 1999 No. 70 s 166 sch 1 (amd 2000 No. 46 s 3 sch)

sub 2007 No. 3 s 49

amd 2016 No. 31 s 7 sch 1

33CVariation or revocation of order forfeiting recognisance

(1)If a court orders an offender or a surety to pay an amount under section 33B, the offender or surety may apply in the approved form to the court that made the order or, for a Magistrates Court, any magistrate for an order revoking or varying the order.

(2)The application—

(a)may only be made on the ground that having regard to all the circumstances it would be against the interests of justice to require the person to pay the amount ordered to be paid; and

(b)must be made within 28 days after the relevant recognisance is forfeited or the longer time the court allows for payment of the amount; and

(c)must briefly state the circumstances relied on; and

(d)must be filed with the proper officer of the court and served, at least 14 days before the date set for the hearing of the application on the complainant or, for a recognisance entered into after an indictment is presented, whoever of the following is relevant—

(i)the State crown solicitor;

(ii)for an offence against a law of the Commonwealth, the Australian Government Solicitor in Queensland.

(3)Despite subsection (2)(b), if the recognisance was forfeited in the absence of an offender, the application must be made within 28 days after the order comes to the notice of the applicant.

(4)At any time after the application is filed, the applicant may apply to the court for a stay of proceedings to which the application relates.

(5)The court may grant the stay and do any of the following—

(a)direct the return of any unenforced warrant;

(b)postpone the issue of a warrant;

(c)stay the enforcement of any warrant until the application is decided.

(6)Also, the court may hear the application earlier than 14 days after service of the application if the parties consent to the earlier hearing.

(7)The court must decide the application and may—

(a)vary the order; or

(b)revoke the order; or

(c)refuse the application.

s 33C ins 1999 No. 70 s 166 sch 1 (amd 2000 No. 46 s 3 sch)

34Court may act under this division whether or not it records conviction

A court may act under this division whether or not it records a conviction.

s 34 amd 2008 No. 59 s 96

35Order for restitution or compensation

(1)The court may order that the offender—

(a)make restitution of property—

(i)in relation to which the offence was committed; or

(ii)taken in the course of, or in connection with, the commission of the offence; and

(b)pay compensation to a person for any loss or destruction of, damage caused to, or unlawful interference with, property—

(i)in relation to which the offence was committed; or

(ii)in the course of, or in connection with, the commission of the offence; and

(c)pay compensation for personal injury suffered by a person (whether or not the person is the victim against whom the offence was committed) because of the commission of the offence.

(2)An order may be made under subsection (1) in addition to any other sentence to which the offender is liable.

(3)If an offence is taken into account under section 189 in imposing sentence on an offender for another offence, the court may make an order under subsection (1).

(4)If a court makes an order under subsection (1) because of subsection (3), then, despite section 189(8), the offender has the same right of appeal as if the court had convicted the offender of the offence in relation to which the order was made.

s 35 amd 1994 No. 14 s 234 sch 2

36What order may state

(1)An order made under section 35(1) may state—

(a)the amount to be paid by way of restitution or compensation; and

(b)the person to whom the restitution is to be made or the compensation is to be paid; and

(c)the time within which the restitution is to be made or the compensation is to be paid or, alternatively, that the proper officer of the court is, under the SPE Act, section 34, to give particulars of the amount of the restitution or compensation to SPER for registration under that section; and

(d)if the order states the time within which the restitution is to be made or the compensation is to be paid—the way in which the restitution is to be made or the compensation is to be paid.

(2)When making an order under section 35(1), the court may also order that the offender is to be imprisoned if the offender fails to comply with the order.

s 36 amd 2007 No. 3 s 50; 2008 No. 59 s 97; 2016 No. 31 s 7 sch 1

37Limit on imprisonment under s 36(2)

Imprisonment ordered under section 36(2) must not be longer than—

(a)if the order is made on indictment—1 year; or

(b)if the order is made on summary conviction—6 months.

38Extension of time

(1)The time stated in an order made under section 35(1) within which the restitution is to be made, or the compensation is to be paid, may be extended by—

(a)the court that made the order; or

(b)a court of like jurisdiction.

(2)The court that grants an extension under subsection (1) may further extend the time.

(3)Application for an extension under subsection (1), or further extension under subsection (2), must be in writing.

s 38 sub 1993 No. 36 s 4

amd 2007 No. 3 s 51

39Directions for enforcing order of imprisonment

(1)In making an order under section 36(2), the court may give such directions as it considers appropriate for the enforcement of the order of imprisonment.

(2)A direction mentioned in subsection (1) may include a direction that the offender must appear—

(a)before the court, or a court of like jurisdiction, at a time and place stated in the direction; or

(b)if called on by notice given to the offender;

to show cause why the imprisonment should not be enforced because of the failure to comply with the order.

39AOther orders available on failure to comply

On an appearance by an offender under section 39(2), if the court considers the order of imprisonment should not be enforced against the offender, the court may—

(a)accept payment of the amount ordered in full; or

(b)if the offender has not been paying the amount by instalments, order that the unpaid amount be paid by instalments; or

(c)cause the proper officer to register the prescribed particulars of the unpaid amount under the SPE Act.

s 39A ins 1999 No. 70 s 166 sch 1

amd 2016 No. 31 s 7 sch 1

40Failing to appear as directed

If the offender fails to appear as required by a direction mentioned in section 39(2), the court may issue a warrant directed to all police officers to arrest and bring the offender before the court, or a court of like jurisdiction, to show cause as required by the direction.

41Instalments—failing to pay

If an amount is ordered to be paid by instalments and an instalment is not paid, the same proceedings may be taken as if the original order had directed that the unpaid instalments be paid in a single amount and the amount had not been paid.

s 41 amd 1999 No. 70 s 166 sch 1

42Payment of restitution or compensation

A court may order that restitution or compensation must be made, directly or indirectly, to the proper officer of the court.

43Division does not limit operation of other provisions

This division does not limit the operation of another provision of this Act that provides for the making of restitution or the payment of compensation.

pt 3A hdg ins 2001 No. 94 s 5

43ACourt may make order whether or not it records conviction

A court may make a non-contact order whether or not it records a conviction.

s 43A ins 2001 No. 94 s 5

43BMaking non-contact order

(1)If a court convicts an offender of a personal offence, whether on indictment or summarily, the court may make a non-contact order for the offender.

(2)The order may be made in addition to any other order the court may make under this or another Act.

(3)However, the court must not make a non-contact order if an order may be made under the Domestic and Family Violence Protection Act 2012, section 42.

(4)In this section—

personal offence means an indictable offence committed against the person of someone.

s 43B ins 2001 No. 94 s 5

amd 2002 No. 6 s 53 sch 2; 2012 No. 5 s 230 sch 1 pt 2

43CRequirements of non-contact order

(1)A non-contact order is an order that contains either or both of the following—

(a)a requirement that the offender not contact the victim against whom the offence was committed, or someone who was with the victim when the offence was committed (an associate), for a stated time;

(b)a requirement that the offender not go to a stated place, or within a stated distance of a stated place, for a stated time.

(2)The time stated in the order must be a period starting when the order is made and ending no later than—

(a)if the offender is sentenced to a term of imprisonment for the offence and the sentence is not suspended—2 years after the day on which the term of imprisonment ends; or

(b)otherwise—2 years after the day on which the order is made.

(3)The court may make the order if satisfied that, unless the order is made, there is an unacceptable risk that the offender would—

(a)injure the victim or associate, including for example by injuring the victim or associate psychologically; or

(b)harass the victim or associate; or

(c)damage the property of the victim or associate; or

(d)act in a way that could reasonably be expected to cause a detriment to the victim or associate, including for example by acting in a way that—

(i)makes the victim or associate fear that he or she may be injured; or

(ii)makes the victim or associate fear that his or her property may be damaged; or

(iii)hinders or stops the victim or associate doing something he or she is lawfully entitled to do; or

(iv)makes the victim or associate do something he or she is lawfully entitled not to do.

Example of subparagraph (iii)—

acting in a way that makes the victim significantly change the way the victim would ordinarily travel to work

Example of subparagraph (iv)—

acting in a way that makes the victim sell a property the victim would not otherwise sell

(4)In considering whether to make the order, the court must have regard to all of the circumstances of the case, including for example—

(a)the terms of any other order relating to the offender and the victim or associate; and

(b)the viability of making the order in circumstances in which contact between the offender and the victim or associate may be unavoidable; and

(c)the offender’s antecedents.

Example of another order under paragraph (a)—

an order under the Family Law Act 1975 (Cwlth)

Example of unavoidable contact under paragraph (b)—

Contact may be unavoidable if the offender and the victim both live in a small remote community.

(5)In this section—

contact the victim or associate means—

(a)intentionally initiate contact with the victim or associate in any way, including for example, by phone, mail, fax, email or other technology; or

(b)intentionally follow, loiter near, watch or approach the victim or associate; or

(c)intentionally loiter near, watch, approach or enter a place where the victim or associate lives, works or visits.

property of a victim or associate means—

(a)property in which the victim or associate has an interest, whether or not the offender also has an interest in the property; or

(b)property that is otherwise—

(i)in the care or custody of the victim or associate; or

(ii)at the premises where the victim or associate is living.

s 43C ins 2001 No. 94 s 5

43DAmending or revoking non-contact order

(1)The following persons may apply, in the approved form, to amend or revoke a non-contact order—

(a)a prosecutor;

(b)the victim named in the order;

(c)any associate named in the order;

(d)the offender.

(2)However, the offender can not apply within 6 months after the order was made.

(3)The application may be made to—

(a)a court of equivalent jurisdiction to the court in which the order was made; or

(b)if the offender is appearing before a court of higher jurisdiction in relation to another offence against the victim or associate—the judge before whom the offender is appearing.

(4)The applicant must give a copy of the application to—

(a)if the applicant is the offender, victim or associate—the prosecuting authority; or

(b)if the applicant is a prosecutor—the offender, the victim and any associate named in the order.

(5)The applicant must give the copy at least 21 days before the day on which the application is to be heard.

(6)For an application made by the offender, victim or associate, the prosecuting authority who received the application under subsection (4)(a) must take all reasonable steps to immediately give a copy of the application to—

(a)if the application is made by the offender—the victim and any associate named in the order; or

(b)if the application is made by the victim—the offender and any associate named in the order; or

(c)if the application is made by the associate—the offender and the victim.

(7)The prosecutor, offender, victim and associate are each entitled to be heard at the hearing of an application.

(8)A court may amend or revoke the order only if satisfied there has been a material change in the circumstances of the offender, the victim or any associate named in the order that justifies the amendment or revocation.

Example of a material change in the victim’s circumstances—

Because of the relocation of the victim’s employer’s workplace, the victim starts working in the building in which the offender works.

(9)In this section—

prosecuting authority means—

(a)if the prosecutor who appeared before the court when the non-contact order was made was a police officer—the commissioner of the police service or someone authorised to accept the application on the commissioner’s behalf; or

(b)if the prosecutor who appeared before the court when the non-contact order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the application on the director’s behalf.

s 43D ins 2001 No. 94 s 5

43EOrder to be given to interested persons

(1)A proper officer of the court that makes, amends or revokes a non-contact order for an offender must immediately—

(a)reduce the order to writing in the approved form; and

(b)give a copy of the order to—

(i)if the prosecutor who appeared before the court when the non-contact order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the order on the director’s behalf; and

(ii)the offender; and

(iii)if the order was amended or revoked on the application of the victim named in the order—the victim; and

(iv)if the order was amended or revoked on the application of any associate named in the order—the associate; and

(v)the chief executive (corrective services); and

(c)give a copy of the order to the commissioner of the police service, or someone authorised to accept the order on the commissioner’s behalf, by fax, email or a similar facility.

(2)Failure to comply with subsection (1) does not invalidate the order.

(3)If the proper officer is not required under subsection (1) to give a copy of the order to the victim or associate, the prosecutor, or someone on the prosecutor’s behalf, must take all reasonable steps to give a copy of the order to the victim or associate.

s 43E ins 2001 No. 94 s 5

43FContravention of non-contact order

(1)An offender must not unlawfully contravene a non-contact order.

Maximum penalty—40 penalty units or 1 year’s imprisonment.

(2)A Magistrates Court that convicts an offender of an offence against subsection (1) may, in addition to or instead of sentencing the offender under subsection (1)—

(a)if the non-contact order was made by a Magistrates Court—amend the order; or

(b)if the non-contact order was made by the Supreme or District Court (the sentencing court)—order the offender to appear before the sentencing court.

(3)If an order is made under subsection (2)(b), the Magistrates Court must also make 1 of the following orders—

(a)an order committing the offender into custody to be brought before the sentencing court;

(b)an order granting the offender bail on the condition that the offender appear before the sentencing court.

(4)If the Magistrates Court sentenced the offender under subsection (1), the sentencing court may amend the order or decide no further action be taken.

(5)If the Magistrates Court did not sentence the offender under subsection (1), the sentencing court may do the following—

(a)sentence the offender under subsection (1);

(b)in addition to or instead of sentencing the offender under subsection (1), amend the order;

(c)decide no further action be taken.

s 43F ins 2001 No. 94 s 5

pt 3B hdg ins 2010 No. 51 s 55

43GDefinitions for pt 3B

In this part—

banning order see section 43I.

licence see the Liquor Act 1992, section 4.

licensed premises see the Liquor Act 1992, section 4.

licensee see the Liquor Act 1992, section 4.

police banning notice see the Police Powers and Responsibilities Act 2000, section 602B.

s 43G def police banning notice amd 2014 No. 42 s 85

public place see the Liquor Act 1992, section 11.

s 43G ins 2010 No. 51 s 55

43HRecord of conviction not required

A court may make a banning order whether or not it records a conviction.

s 43H ins 2010 No. 51 s 55

43IWhat is a banning order

A banning order is an order that prohibits an offender, for a stated period, from doing, or attempting to do, any of the following—

(a)entering or remaining in stated licensed premises or a stated class of licensed premises;

(b)entering or remaining in, during stated hours, a stated area that is designated by its distance from, or location in relation to, the stated licensed premises or stated class of licensed premises mentioned in an order made under paragraph (a);

Examples of orders for paragraph (b)—

•an order that prohibits a person from entering or remaining in, between the hours of 10p.m. and 6a.m., an area that is within 10m of stated licensed premises mentioned in an order made under paragraph (a)

•an order that prohibits a person from entering or remaining in, between the hours of 11p.m. and 5a.m., a stated street, or an area abutting several stated streets, that is located near stated licensed premises mentioned in an order made under paragraph (a)

•an order that prohibits a person from entering or remaining in, between the hours of 11p.m. and 5a.m., the safe night precinct under the Liquor Act 1992 in which the stated licensed premises mentioned in an order made under paragraph (a) are located

(c)attending or remaining at a stated event, to be held in a public place, at which liquor will be sold for consumption.

s 43I ins 2010 No. 51 s 55

amd 2014 No. 42 s 86

43JMaking a banning order

(1)A court may make a banning order for an offender if—

(a)the offender has been convicted of—

(i)an offence that involved the use, threatened use or attempted use of unlawful violence to a person or property; or

(ii)an offence against the Drugs Misuse Act 1986, section 5 or 6; and

(b)having regard to the evidence available to the court, the court is satisfied that the offence was committed in licensed premises or in a public place in the vicinity of licensed premises; and

(c)the court is satisfied that, unless the order is made, the offender would pose an unacceptable risk to—

(i)the good order of licensed premises and areas in the vicinity of licensed premises; or

(ii)the safety and welfare of persons attending licensed premises and areas in the vicinity of licensed premises.

(2)The order may be made in addition to any other order the court may make under this or another Act.

(3)In considering whether to make the order, the court must have regard to all of the circumstances of the case, including, for example, the following—

(a)whether the offender is, or has been, subject to another banning order;

(b)whether the offender is, or has been, subject to—

(i)a special condition mentioned in the Bail Act 1980, section 11(3); or

(ii)a police banning notice;

(c)the offender’s criminal history;

(d)the offender’s personal circumstances and the likely effect of the order on those circumstances;

(e)anything else the court considers relevant.

(4)The court may impose any conditions it considers necessary on a banning order, including a condition that the offender report to a police station within 48 hours after the banning order is made to be photographed for an image to distribute to relevant persons under the Police Powers and Responsibilities Act 2000, chapter 19, part 5B.

(4A)Subsection (4B) applies if—

(a)the court has regard to a police banning notice when considering whether to make the order; and

(b)the notice is in effect when the court considers making the order.

(4B)The court must decide whether the police banning notice should be—

(a)cancelled; or

(b)amended and how it should be amended.

(4C)The banning order must state the court’s decision under subsection (4B).

(5)A banning order does not stop the offender from—

(a)entering or remaining in any of the following—

(i)the offender’s residence;

(ii)the offender’s place of employment;

(iii)a place at which the offender is receiving formal education;

(iv)a mode of transport required to be used by the offender;

(v)any other place that the court considers necessary in order to prevent undue hardship to the offender or a member of the offender’s family; or

(b)entering any place that it is reasonably necessary for the offender to enter for the purpose of entering or remaining in a place or mode of transport mentioned in paragraph (a).

(6)If a place mentioned in subsection (5) is located within the area to which the banning order applies, the banning order must—

(a)describe the place in sufficient detail to identify the place; and

(b)state that the offender is not stopped from entering or remaining in the place.

Example for subsection (6)—

If an offender’s residence is located within the area to which the banning order applies, the banning order must state the address of the residence and state that the offender is not stopped from entering or remaining in the residence.

(7)If a mode of transport mentioned in subsection (5) operates within an area to which the banning order applies, the banning order must—

(a)describe the mode of transport in sufficient detail to identify the mode of transport; and

(b)state that the offender is not stopped from entering or remaining in the mode of transport.

Example for subsection (7)—

If a bus route required to be used by the offender operates within the area to which the banning order applies, the banning order must describe the bus route and state that the offender is not stopped from entering or remaining in a bus on that route.

(8)The offender bears the onus of proving the following—

(a)for subsection (5)(a)(i)—that a place is the offender’s residence;

(b)for subsection (5)(a)(ii)—that a place is the offender’s place of employment;

(c)for subsection (5)(a)(iii)—that the offender is receiving formal education at a place;

(d)for subsection (5)(a)(iv)—that a mode of transport is required to be used by the offender;

(e)for subsection (5)(a)(v)—that undue hardship would be caused to the offender or a member of the offender’s family if the offender was prevented from entering or remaining in a place.

s 43J ins 2010 No. 51 s 55

amd 2014 No. 42 s 87; 2017 No. 5 s 27

43KBanning order to be explained

(1)Before making a banning order, the court must explain, or cause to be explained, to the offender—

(a)the purpose and effect of the order; and

(b)the consequences of contravening the order; and

(c)that the order may be amended or revoked on the application of the offender or a prosecutor.

(2)The explanation must be made in language or in a way likely to be readily understood by the offender.

s 43K ins 2010 No. 51 s 55

43LAmending or revoking banning order

(1)The following persons may apply to the court, in the approved form, to amend or revoke a banning order—

(a)a prosecutor;

(b)the offender.

(2)However, the offender can not apply until at least 6 months after the order was made.

(3)The application may be made to a court of equivalent jurisdiction to the court in which the order was made.

(4)The applicant must give a copy of the application to—

(a)if the applicant is the offender—the prosecuting authority; or

(b)if the applicant is a prosecutor—the offender.

(5)The applicant must give the copy at least 21 days before the day on which the application is to be heard.

(6)The prosecutor and offender are each entitled to be heard at the hearing of the application.

(7)A court may amend or revoke the order only if satisfied there has been a material change in the circumstances of the offender that justifies the amendment or revocation.

(8)In this section—

prosecuting authority means—

(a)if the prosecutor who appeared before the court when the banning order was made was a police officer—the commissioner of the police service or someone authorised to accept the application on the commissioner’s behalf; or

(b)if the prosecutor who appeared before the court when the banning order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the application on the director’s behalf.

s 43L ins 2010 No. 51 s 55

43MBanning order to be given to interested persons

(1)A proper officer of the court that makes, amends or revokes a banning order for an offender must immediately—

(a)reduce the order to writing in the approved form; and

(b)give a copy of the order to—

(i)if the prosecutor who appeared before the court when the banning order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the order on the director’s behalf; and

(ii)the offender; and

(iii)the chief executive (corrective services); and

(c)give a copy of the order to the commissioner of the police service, or someone authorised to accept the order on the commissioner’s behalf, by fax, email or a similar facility.

(2)Failure to comply with subsection (1) does not invalidate the order.

s 43M ins 2010 No. 51 s 55

43NCommissioner of police service may give copy of banning order to particular persons

(1)The commissioner of the police service may give a copy of a banning order to—

(a)the licensee of any licensed premises stated in the order; or

(b)the licensee of any licensed premises within a class of licensed premises stated in the order; or

(c)the holder of a licence or permit to sell liquor at an event stated in the order; or

(d)an approved manager working at the licensed premises mentioned in paragraph (a) or (b) or the event mentioned in paragraph (c).

(e)the Commissioner for Liquor and Gaming under the Gaming Machine Act 1991; or

(f)an approved operator for an approved ID scanning system.

(2)In this section—

approved ID scanning system see the Liquor Act 1992, section 173EE.

approved manager means a person holding an approval as an approved manager under the Liquor Act 1992.

approved operator see the Liquor Act 1992, section 173EE.

permit see the Liquor Act 1992, section 4.

s 43N ins 2010 No. 51 s 55

amd 2014 No. 42 s 88; 2017 No. 6 s 67

43OContravention of banning order

(1)A person must not, without reasonable excuse, contravene a banning order.

Maximum penalty—40 penalty units or 1 year’s imprisonment.

(2)A Magistrates Court that convicts a person of an offence against subsection (1) may, in addition to or instead of sentencing the person under subsection (1)—

(a)if the banning order was made by a Magistrates Court—amend the order; or

(b)if the banning order was made by the Supreme or District Court (the sentencing court)—order the person to appear before the sentencing court.

(3)If an order is made under subsection (2)(b), the Magistrates Court must also make either of the following orders—

(a)an order committing the person into custody to be brought before the sentencing court;

(b)an order granting the person bail on the condition that the person appear before the sentencing court.

(4)If the Magistrates Court sentenced the person under subsection (1), the sentencing court may amend the order or decide no further action be taken.

(5)If the Magistrates Court did not sentence the person under subsection (1), the sentencing court may do any of the following—

(a)sentence the person under subsection (1);

(b)in addition to or instead of sentencing the person under subsection (1), amend the order;

(c)decide no further action be taken.

s 43O ins 2010 No. 51 s 55

44Court may impose fine whether or not conviction recorded

A court may impose a fine whether or not it records a conviction.

45Power to fine

(1)An offender may be fined.

(2)The fine may be in addition to, or instead of, any other sentence to which the offender is liable.

(3)The maximum fine that a court may impose is—

(a)the appropriate maximum applicable to the offence under a provision of this or another Act relating to the offence; or

(b)if there is no such maximum—the maximum mentioned in section 46.

(4)This section has effect subject to a specific provision of another Act relating to the offence.

46Fine limitations of certain courts

(1)If an Act creates an offence and does not provide a sentence, the maximum fine that a court may impose for a single offence is—

(a)if the court is a Magistrates Court and the offender is—

(i)an individual—165 penalty units; or

(ii)a corporation—835 penalty units; or

(b)if the court is a District Court and the offender is an individual—4,175 penalty units.

(2)If an Act creates an offence and does not provide a sentence, there is no limit on the fine that the court may impose for a single offence if—

(a)the court is a District Court and the offender is a corporation; or

(b)the court is the Supreme Court.

47Lesser fine than provided may be imposed

Unless an Act otherwise provides, a court may impose a lesser fine than the fine stated in the Act.

48Exercise of power to fine

(1)If a court decides to fine an offender, then, in determining the amount of the fine and the way in which it is to be paid, the court must, as far as practicable, take into account—

(a)the financial circumstances of the offender; and

(b)the nature of the burden that payment of the fine will be on the offender.

(2)The court may fine the offender even though it has been unable to find out about the matters mentioned in subsection (1)(a) and (b).

(3)In considering the financial circumstances of the offender, the court must take into account any other order that it or another court has made, or that it proposes to make—

(a)providing for the confiscation of the proceeds of crime; or

(b)requiring the offender to make restitution or pay compensation.

(3A)In considering the financial circumstances of the offender, the court must not take into account the offender levy imposed under section 179C.

(4)If the court considers that—

(a)it would be appropriate both to impose a fine and to make a restitution or compensation order; and

(b)the offender has not enough means to pay both;

the court must, in making its order, give more importance to restitution or compensation, though it may also impose a fine.

(5)In fixing the amount of a fine, the court may have regard to, among other matters—

(a)any loss or destruction of, or damage caused to, a person’s property because of the offence; and

(b)the value of a benefit received by the person because of the offence.

s 48 amd 2012 No. 17 s 36

49Single fine for 2 or more offences

(1)If an offender is found guilty (including being found guilty on a plea of guilty) of 2 or more offences—

(a)that are founded on the same facts; or

(b)that form, or are part of, a series of offences of the same or a similar kind;

the court may impose a single fine for all the offences.

(2)A fine imposed under subsection (1) must not be more than the total of the maximum fines that could be imposed for each of the offences.

s 49 amd 1993 No. 76 s 3 sch 1

50Instalment order

If a court fines an offender, it may order that—

(a)the fine be paid by instalments; or

(b)the proper officer give, under the SPE Act, section 34, particulars of the fine to SPER for registration under that section.

s 50 sub 2007 No. 3 s 52

amd 2016 No. 31 s 7 sch 1

51Payment of fine

If a court does not make an instalment order under section 50(a), it must, at the time of imposing the fine order that—

(a)the offender be allowed time to pay the fine; or

(b)the proper officer give, under the SPE Act, section 34, particulars of the fine to SPER for registration under that section.

s 51 sub 2007 No. 3 s 52

amd 2010 No. 48 s 3 sch; 2016 No. 31 s 7 sch 1

52Definitions

In this division—

fine includes the fee payable for lodging a complaint for an offence with a clerk of the court.

s 52 def fine sub 1993 No. 36 s 2 sch 1

original order means an order of a court—

(a)that imposes a fine on an offender, whether or not it also requires the payment of another penalty; and

(b)that directs that in default of payment of the fine or other penalty either immediately or within a fixed time, the offender is to be imprisoned for a period ordered by the court.

53Application for order if offender before court

(1)If an offender is before a court when the court makes an original order for the offender, the court must explain to the offender that he or she may immediately verbally apply to the court for a fine option order.

(2)If—

(a)the original order directs that the offender is to pay the fine—

(i)immediately—the application may be made on the day on which the order is made; or

(ii)within a fixed time—the application may be made at any time before the end of the fixed time; or

(b)the offender is given a notice under section 54—the application may be made at any time before the end of the time fixed in the original order.

(3)The explanation mentioned in subsection (1) must be made in language or in a way likely to be readily understood by the offender.

(4)The court may adjourn the hearing of the application for the period that the court considers is proper to allow the court or offender to obtain information.

(5)If the court refuses the application, it must note in the records of the court whether the refusal was made because of section 57(1)(a) or (b).

s 53 amd 1993 No. 36 s 2 sch 1

54If offender not before court written notice of right to apply for fine option order to be given

If the offender is not before the court when the court makes an original order for the offender, the court must cause written notice to be given to the offender informing the offender of his or her right to apply for a fine option order.

55Application for order generally

(1)If a court makes an original order for an offender, the offender may apply to the court for a fine option order.

(2)If—

(a)the original order directs that the offender is to pay the fine—

(i)immediately—the application may be made on the day on which the order is made; or

(ii)within a fixed time—the application may be made at any time before the end of the fixed time; or

(b)the offender is given a notice under section 54—the application may be made at any time before the end of the time fixed in the original order.

(3)The application must—

(a)be in the approved form; and

(b)state the particulars that are relevant having regard to the matters of which the court is required to be satisfied under section 58(1); and

(c)be signed by the applicant; and

(d)be lodged—

(i)if the court is the Supreme Court or a District Court—in the registry of that court; or

(ii)if the court is a Magistrates Court—with the clerk of the court.

(4)On the lodging of the application, the original order is suspended so far as it requires the payment of a fine.

(5)Section 8 does not apply to this section.

s 55 amd 1993 No. 36 s 2 sch 1

56AOffender may apply to proper officer for fine option order

(1)If a court makes an original order for an offender, the offender may apply to the proper officer of the court for a fine option order.

(2)The application must—

(a)be in the approved form; and

(b)state the relevant particulars, having regard to the matters of which the proper officer must be satisfied under section 57(1); and

(c)be signed by the applicant.

(3)The application can not be made after a warrant of commitment has been issued on the original order.

(4)The offender can not make an application under this section if the offender has made an application under section 53 or 55.

(5)The application lapses if the offender makes an application to the court under section 53 or 55.

(6)Also, if the court decides an application under section 53 or 55, the proper officer can not afterwards consider an application under this section unless permitted by section 58.

s 56A ins 1993 No. 76 s 3 sch 1

amd 1999 No. 70 s 166 sch 1

57Matters to be considered on application

(1)A court or proper officer of the court may make a fine option order for an offender only if the court or proper officer is satisfied that—

(a)the offender is unable to pay the fine in accordance with the original order or, if the offender were to pay the fine in accordance with the original order, the offender or the offender’s family would suffer economic hardship; and

(b)the offender is a suitable person to perform community service under a fine option order.

(1A)The fact that an offender’s only source of income is a social security or veteran’s pension, benefit or allowance from the Commonwealth is a ground on which a court may be satisfied that the offender or the offender’s family would suffer economic hardship if the offender were to pay the fine in accordance with the original order.

(1B)In considering an application for a fine option order, a court or proper officer of the court must have regard to the principle that an offender should not be considered to be unsuitable to perform community service merely because of—

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

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

(1C)Subsection (1B) does not limit the matters to which the court or proper officer of the court may have regard.

(2)A court or proper officer of the court may adjourn the application for the purpose of obtaining any information, notification or report from an authorised corrective services officer for the purposes of subsection (1).

(2A)An authorised corrective services officer must not, in any information, notification or report, recommend that a fine option order or community based order should not be made for an 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.

(3)Subject to section 58, the proper officer of the court may consider an application for a fine option order only if the offender has not previously made an application under this division in relation to the original order.

s 57 prev s 57 om 1993 No. 36 s 2 sch 1

pres s 57 (prev s 58) amd 1993 No. 36 s 2 sch 1

renum 1993 No. 36 s 2 sch 1

amd 1999 No. 9 s 3 sch; 2004 No. 43 s 71

58Proper officer must reconsider offender’s financial position

(1)If—

(a)an offender has previously been refused a fine option order; and

(b)the court records show that the refusal was made because of section 57(1)(a); and

(c)the proper officer of the court is satisfied that the offender’s financial position has become significantly worse since the refusal;

the proper officer must consider a fresh application, if made, by the offender for a fine option order.

(2)The application must—

(a)be made to the proper officer of the court that, or the proper officer who, previously refused an application for a fine option order; and

(b)be in the approved form; and

(c)state how the offender’s financial position has become significantly worse; and

(d)be signed by the applicant; and

(e)be lodged—

(i)if the court is the Supreme Court or a District Court—in the registry of the court; or

(ii)if the court is a Magistrates Court—with the clerk of the court.

(3)The offender may make the application even though a warrant of commitment has been issued or executed in relation to the original order.

(4)The offender can not make more than 1 application under subsection (1).

s 58 ins 1993 No. 36 s 6

amd 1999 No. 70 s 166 sch 1

59Determination of application

(1)The court to which an application is made under section 55, or the proper officer of the court to whom an application is made under section 58, must cause written notice to be given to the offender of the time and place at which it is proposed to determine the application.

(2)Subsection (1) does not apply if—

(a)the offender is personally before the court or proper officer of the court when the application is made; and

(b)the application is to be dealt with immediately.

(3)The offender may appear before the court or proper officer of the court at the time and place mentioned in the notice unless the applicant is in lawful custody at that time.

(4)If the offender does not appear before the court or proper officer of the court at the time and place mentioned in the notice, the application may be determined in the offender’s absence.

(5)In determining whether to grant or refuse the application, consideration must be given to—

(a)the information contained in the application; and

(b)the information relating to the offender, and the offence to which the application relates, that was before the court when the original order was made.

s 59 amd 1993 No. 36 s 2 sch 1; 1999 No. 70 s 166 sch 1

60Application may be granted or refused

(1)If an application is granted, the court or proper officer of the court must—

(a)make a fine option order for the offender; and

(b)explain to the offender, in language or a way likely to be readily understood by the offender—

(i)the purpose and effect of the order; and

(ii)what may follow if the offender fails to comply with the order; and

(iii)the offender’s right under section 73 to pay the fine, or any part of the fine, to which the fine option order relates and how that section requires the payment to be applied.

(2)If a court refuses an application under section 55—

(a)any suspension of the original order to which the application relates ceases to have effect; and

(b)the court must cause written notice to be given to the applicant—

(i)of the refusal and whether the refusal was made because of section 57(1)(a) or (b); and

(ii)that any suspension of the original order has ceased to have effect.

(3)If a proper officer of the court refuses an application under section 58, the proper officer must—

(a)give written notice to the applicant of the refusal and the reasons for the refusal; and

(b)give written notice to the court that made the original order that the application was made and refused.

(4)If a court or the proper officer of the court refuses an application, there must be noted in the records of the court whether the refusal was made because of section 57(1)(a) or (b).

s 60 amd 1993 No. 36 s 2 sch 1; 1999 No. 70 s 166 sch 1

61Making of order by proper officer of the court

(1)The proper officer of the court may make a fine option order, but the offender must not be released under section 65 if—

(a)the original order requires the payment of a part of the fine to the complainant, and directs that in default of payment the offender is to be imprisoned for a period, unless—

(i)that part of the fine has been paid; or

(ii)the offender has served a period of imprisonment that bears to the default period of imprisonment, as nearly as possible, the same proportion as that part of the fine bears to the total fine; or

(b)the original order requires, in addition to the imposition of a fine, the payment of another penalty, and directs that in default of payment the offender is to be imprisoned for a period, unless—

(i)the amount of the penalty has been paid; or

(ii)the offender has served a period of imprisonment that bears to the default period of imprisonment, as nearly as possible, the same proportion as the amount of the penalty bears to the total amount required to be paid by the order.

(2)Subject to section 58, the proper officer of the court may make a fine option order only if the offender has not previously made an application under this division in relation to the original order.

s 61 amd 1993 No. 36 s 2 sch 1

62Effect of fine option order

(1)If a court makes a fine option order—

(a)on an application under section 53 or on appeal under section 85—it may suspend the original order so far as it requires the payment of a fine; or

(b)on an application under section 55—the suspension of the original order so far as it requires the payment of a fine is continued.

(2)If a proper officer of the court makes a fine option order under section 60(1)(a), the original order to which it relates is suspended so far as it requires the payment of a fine.

(3)If an original order requires the payment of a fine and another penalty, then, for the period for which the order is suspended so far as it requires the payment of the fine, the default period of imprisonment stated in the order is taken to have been reduced by a period that bears to the period stated, as nearly as possible, the same proportion as the amount of the fine bears to the total amount of the fine and other penalty required to be paid by the order.

(4)If—

(a)a warrant of commitment is issued because of an offender’s failure to comply with an original order; and

(b)the warrant has not been executed at the time of the making of a fine option order under section 60 for the original order;

the warrant, so far as it relates to the payment of a fine, stops being in force on the making of the fine option order.

s 62 amd 1993 No. 36 s 2 sch 1; 1999 No. 70 s 166 sch 1

63No liability if warrant executed in good faith and without negligence

If—

(a)a warrant of commitment stops being in force because of section 62(4); and

(b)a police officer in good faith and without negligence purports to execute the warrant;

liability at law does not attach to the police officer, the chief executive (corrective services) or the State because of the purported execution of the warrant.

s 63 amd 2006 No. 29 s 487

64Order to be in writing

A court or proper officer of the court that makes a fine option order for an offender must—

(a)immediately reduce the order to writing in the approved form; and

(b)give a copy of the order to the offender; and

(c)give to the chief executive (corrective services)—

(i)a copy of the order; and

(ii)a copy of the original order to which the order relates; and

(iii)details of the offence for which the original order was made.

s 64 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch

65Release from custody when order is made

If an offender for whom a fine option order is made is in lawful custody when the order is made merely because of the offender’s failure to pay the fine, the offender must be released immediately.

66Requirements of fine option orders

(1)A fine option order must contain requirements that the offender—

(a)must report to an authorised corrective services officer at the place, and within the time, stated in the order; and

(b)must perform in a satisfactory way community service directed by an authorised corrective services officer—

(i)for the number of hours stated in the order; and

(ii)at the times directed by the officer; and

(c)must comply with every reasonable direction of an authorised corrective services officer; and

(d)must report to, and receive visits from, an authorised corrective services officer as directed by the officer; and

(e)must notify an authorised corrective services officer of every change of the offender’s place of residence or employment within 2 business days after the change happens; and

(f)must not leave or stay out of Queensland without the permission of an authorised corrective services officer.

(2)The number of hours stated in a fine option order under subsection (1)(b)(i) must be performed within 1 year, or another time allowed in the order, from the making of the order.

(3)A direction given under subsection (1)(b)(ii) applies to all fine option orders made for the offender by the same court on the same day.

s 66 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch

67Directions under fine option order

(1)A direction given by an authorised corrective services officer under a requirement of a fine option order must, as far as practicable, avoid—

(a)conflicting with the offender’s religious beliefs; and

(b)interfering with any times during which the offender usually works or attends a school or other educational or training establishment; and

(c)interfering with the offender’s family responsibilities.

(2)A direction given under a fine option order may be given orally or in writing.

(3)An offender must not be given a direction under a fine option order to perform more than 8 hours community service on any day.

(4)However, if the offender consents and an authorised corrective services officer approves, the offender may perform more than 8 hours community service in a day.

(5)In performing community service, the offender must be allowed reasonable rest and meal breaks.

s 67 amd 1999 No. 9 s 3 sch; 2004 No. 43 s 72

68Period mentioned in s 66(2) may be extended

(1)The 1 year or other time mentioned in section 66(2) may be extended—

(a)by a court, or the proper officer of the court, at any time before the end of the 1 year or other time; or

(b)by the proper officer of the court under section 74(7)(a).

(2)Application for an extension under subsection (1) may be made by an authorised corrective services officer.

(3)The court, or proper officer of the court, must advise the chief executive (corrective services) and the offender when the application will be heard.

(4)The application may be heard in the absence of the offender if the court or proper officer is satisfied that the offender is unable to be present.

(5)If the 1 year or other time is extended, the court or proper officer of the court that makes the extension must notify the chief executive (corrective services) and the offender of the extension in the approved form.

s 68 sub 1993 No. 36 s 7

amd 1999 No. 9 s 3 sch; 2004 No. 43 s 73

69Maximum number of hours

(1)The number of hours for which an offender may be required to perform community service under a requirement of a fine option order must be such number as, in the opinion of the court or proper officer of the court, satisfies the justice of the case.

(2)The number mentioned in subsection (1) must not be more than 5 hours for each penalty unit, or part of a penalty unit, that was imposed as a fine under the original order.

s 69 amd 1993 No. 36 s 2 sch 1; 2000 No. 58 s 2 sch

70Fine reduced proportionate to imprisonment

If, when the fine option order is made for the offender under section 60, the offender is serving a term of imprisonment because of the nonpayment of the fine to which the order relates, the fine is taken to have been reduced by an amount that bears to the fine, as nearly as possible, the same proportion as the number of days for which the offender has been imprisoned bears to the term of imprisonment.

s 70 amd 1999 No. 70 s 166 sch 1

71Community service to be performed cumulatively

(1)All community service required to be performed by an offender under a fine option order is to be performed cumulatively with any community service not performed by the offender that the offender is required to perform under a community service order or fine option order.

(2)If 2 or more fine option orders that require an offender to perform community service are in force at the same time, the community service is to be performed in the same chronological sequence as the sequence in which the orders were made.

72Performance of community service to be credited against fine

(1)If an offender performs community service under a fine option order, the amount of the fine is to be reduced by an amount that bears to the amount of the fine, as nearly as possible, the same proportion that the number of hours of community service performed by the offender under the order bears to the number of hours of community service that the offender is required to perform under the order.

(2)For the purposes of section 186, an amount credited against the amount of a fine under subsection (1) is taken to be payment of an amount in part satisfaction of a court order.

73Payments and application of payments

(1)Subject to subsection (3) and despite a suspension of an original order so far as it requires the payment of a fine, the fine or a part of the fine may be paid.

(2)A fine or part of a fine must be paid, directly or indirectly, to the proper officer of the court in which the original order was made.

(3)If, after a fine option order is made—

(a)payment of part of the amount originally required to be paid by the original order is made—the payment must be applied—

(i)firstly, to the amount of a penalty (other than the fine) required to be paid by the original order; and

(ii)then, to the amount of the fine; or

(b)a payment is applied to the amount of the fine to which the fine option order relates—the number of hours of community service required to be performed by an offender under a requirement of the order must be reduced by a number that bears to the number of hours, as nearly as possible, the same proportion that the amount of the payment bears to the amount of the fine.

74Failing to comply with a requirement of an order

(1)This section applies if, while a fine option order is in force for an offender, an authorised corrective service officer (a supervisor), or a person authorised for the purpose of this section by the chief executive (corrective services) (also a supervisor), reasonably believes the offender has contravened a requirement of the order.

(2)The supervisor may give the offender a notice under this section requiring the offender—

(a)to stop contravening the order; or

(b)to give the supervisor a reasonable explanation for the contravention within a stated time, of at least 5 days but not more than 14 days.

(3)The notice must—

(a)be in the approved form; and

(b)state the particulars of the contravention; and

(c)state that failure to give a reasonable explanation for the contravention may result in the fine option order being revoked without notice to the person.

(4)A notice under subsection (2) may relate to 2 or more fine option orders.

(5)If the supervisor is satisfied no reasonable explanation has been given within the stated time, the supervisor may apply to the proper officer for an order under subsection (7).

(6)The proper officer may decide the application in the absence of the offender.

(7)If satisfied the offender has contravened the fine option order without reasonable excuse, the proper officer may, by order—

(a)extend or further extend the 1 year or other time mentioned in section 66(2); or

(b)revoke all fine option orders made for the offender and issue a warrant for the arrest and imprisonment of the offender for the term ordered by the court; or

(c)revoke all fine option orders made for the offender and give to the registrar under the SPE Act, for registration, the prescribed particulars under that Act of the unpaid amount of the penalty.

(8)The proper officer must give notice of the revocation of the fine option order to—

(a)the offender; and

(b)if relevant, the court, or the proper officer of the court, that made the fine option order.

s 74 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch

sub 1999 No. 70 s 166 sch 1

amd 2002 No. 34 s 74 sch 6; 2016 No. 31 s 7 sch 1

76Proper officer to determine hours of community service

If a proper officer proposes to revoke a fine option order, the proper officer must determine the number of hours (if any) for which the offender performed community service under the order.

s 76 amd 1999 No. 70 s 166 sch 1

78Effect of revoking order under s 74

If a proper officer revokes a fine option order under section 74—

(a)the original order for which the fine option order was made is wholly reinstated; and

(b)any time that was allowed for the payment of the amount originally required to be paid by the original order must be disregarded; and

(c)any directions in the original order that the amount is to be paid by instalments must be disregarded; and

(d)any default imprisonment mentioned in the original order takes effect immediately and is to be reduced under section 82 if that section applies.

s 78 amd 1993 No. 36 s 2 sch 1; 1999 No. 70 s 166 sch 1

79Revocation of fine option order other than under s 74

The court that makes a fine option order may, on application made to it under section 81, revoke the order if the court is satisfied—

(a)that the offender is not able to comply with the order because the offender’s circumstances have materially altered since the order was made; or

(b)that the circumstances of the offender were wrongly stated or were not accurately presented to the court; or

(c)that the offender is no longer willing to comply with the order.

s 79 amd 1993 No. 36 s 2 sch 1

80Offender may be re-sentenced on revocation of order under s 79

(1)Subject to subsection (2), if a fine option order is revoked under section 79, the court that made the original order must—

(a)confirm the original order; or

(b)vary the original order; or

(c)revoke the original order and re-sentence the offender for the offence for which the order was made in a way in which the court could deal with the offender if the offender had just been convicted by or before it of the offence.

(2)In determining how to re-sentence the offender, the court must take into account the extent to which the offender had complied with the order before its revocation.

81Application for revocation

(1)An application under section 79 must be made—

(a)by—

(i)the offender; or

(ii)an authorised corrective services officer; or

(iii)the director of public prosecutions; and

(b)while the fine option order is in force; and

(c)in the approved form.

(2)Notice of an application made by the offender must be given by the court to the chief executive (corrective services) and—

(a)if the court that made the fine option order was the Supreme Court or a District Court—to the director of public prosecutions; or

(b)if the court that made the fine option order was a Magistrates Court—to the prosecutor before that court.

(3)Notice of an application by an authorised corrective services officer must be given to the court, the offender and the director of public prosecutions.

(4)Notice of an application by the director of public prosecutions must be given to the court, the offender and the chief executive (corrective services).

(5)If an application is made under subsection (1) to a court that is not the court that made the fine option order, the first court must give a copy of the application to the court that made the fine option order.

(6)The court must advise the chief executive (corrective services) and the offender when the application will be heard.

(7)The application may be heard in the absence of the offender if the court is satisfied that the offender is unable to be present.

s 81 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch

82Imprisonment to be reduced proportionate to amount of fine paid or community service performed

(1)Subject to subsection (3), if an original order is wholly reinstated under section 78(a), the period of the default imprisonment in relation to the fine mentioned in the order is the period calculated in accordance with the following formula—

(2)In subsection (1)—

AF (amount of fine) means the total amount of the fine under the order.

AP (amount of penalty) means the total amount of the penalty under the order.

DF (default fine) means the default imprisonment for failing to pay the whole of the fine mentioned in the order.

DP (default penalty) means the default imprisonment for failing to pay the whole of the penalty mentioned in the order.

Example—

Original order—

AF	(Fine	$450.00
	(Costs of court	$50.00
		$500.00
	Restitution	$500.00
AP	Penalty	$1,000.00
DP	Default imprisonment	10 weeks
DF	=
	=
	=	5 weeks

Note:

This is a hypothetical example only and should not be construed to imply any relevance of the values used.

(3)Subsection (4) applies if—

(a)the fine mentioned in the original order has been paid in part; or

(b)the offender has performed part of the community service required to be performed by the relevant fine option order.

(4)If this subsection applies, the period of default imprisonment is to be the period calculated in accordance with the following formula—

(5)In subsection (4)—

AF has the meaning given by subsection (2).

DF has the meaning given by subsection (2) (and is calculated in accordance with subsection (1)).

HCS (hours of community service) means the number of hours for which the offender is required to perform community service under the fine option order.

HP (hours performed) means the number of hours for which community service has been performed by the offender under the fine option order.

PDI (period of default imprisonment) means the period of the default imprisonment that still has to be served.

PP (part payment) means the amount of the part of the fine that has been paid.

Example—

If a fine has been converted to a fine option order for 90 hours (HCS) and the offender has paid $200.00 (PP) and performed 18 hours of community service (HP)—

PDI	=	DF	–
	=	5	–
	=	5	–
	=	5	–
	=	5	–	3
	=	2 weeks

Note:

This is a hypothetical example only and should not be construed to imply any relevance of the values used.

(6)If the original order requires the payment of restitution or compensation, the default imprisonment that relates to the nonpayment of the restitution or compensation is not affected by this section.

(7)Subsection (1) does not apply so far as the original order makes provision for default imprisonment if the whole, or part, of the fine is not paid.

(8)For the purpose of determining the results of any calculation made under this section, a part of any hour, day, week or month (a unit) is to be rounded to the nearest whole number and, in the case of a half of a unit, the unit is to be rounded up to the nearest whole number.

s 82 amd 2007 No. 37 s 125 sch

83Court to notify court that imposed fine option order

If a court that revokes an order under section 79 is not the court that imposed the fine option order, the first court must notify the court that imposed the fine option order of the action taken under section 80.

s 83 sub 1993 No. 36 s 8

84Certificates

(1)A certificate given by the chief executive (corrective services) or an authorised corrective services officer, stating—

(a)that the offender named in the certificate has performed community service under a fine option order for the number of hours stated; or

(b)that the offender named in the certificate has failed to perform community service under a fine option order; or

(c)that the fine, or part of the fine, to which an original order relates, has been paid;

is evidence of the matters.

(2)When, in the opinion of the chief executive (corrective services), a fine option order is discharged, it must forward a certificate stating the opinion, and the reasons for the opinion, to—

(a)if a clerk of the court made the order—the court in which the original order was made; or

(b)in any other case—the court that made the fine option order.

s 84 amd 1999 No. 9 s 3 sch; 1999 No. 67 s 13

85Appeals

(1)An offender who is aggrieved by a decision of the proper officer of the court refusing an application by the offender under section 58 may appeal to the court that imposed the fine.

(2)The appeal must be instituted—

(a)within 1 calendar month after notice of refusal is posted to the offender; and

(b)by filing a notice of appeal, in the approved form, with the proper officer of the court.

(3)The proper officer of the court must—

(a)give a copy of the notice of appeal to the chief executive (corrective services); and

(b)advise the appellant and the chief executive (corrective services) of the time and date for the hearing of the appeal.

s 85 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch; 1999 No. 70 s 166 sch 1

86Hearing and determination of appeals

(1)The hearing of the appeal is not limited to the material on which the decision appealed against was made.

(2)The appellant may appear before the court—

(a)personally or by agent, counsel or solicitor; or

(b)if the appellant is in lawful custody at the time—by agent, counsel or solicitor only.

(3)In determining the appeal, the court may—

(a)affirm the decision appealed against; or

(b)set aside the decision appealed against and make a fine option order for the appellant.

(4)The court must not make a fine option order under subsection (3)(b) unless it is satisfied about the matters mentioned in section 57(1).

s 86 amd 1993 No. 36 s 2 sch 1

88Termination of fine option order

(1)A fine option order made for an offender is terminated if—

(a)the offender finishes performing community service for the number of hours stated in the order; or

(b)the fine is paid; or

(c)so much of the fine as has not been notionally paid by the performance by the offender of community service is paid; or

(d)community service is performed by the offender for the number of hours left after deducting HP from HCS; or

(e)the order is revoked under section 74 or 79.

(2)In subsection (1)—

fine includes the reduced amount of a fine calculated under section 70.

HCS (hours of community service) means the number of hours for which the offender is required to perform community service under the fine option order.

HP (hours performed) means the number of hours for which community service has notionally been performed by the offender by payment of part of the fine.

s 88 amd 1993 No. 36 s 2 sch 1; 1999 No. 70 s 166 sch 1

89Original order terminated

The termination of a fine option order under section 88(1)(a) to (d) also terminates the original order in relation to which the fine option order was made so far as the original order requires the payment of a fine.

s 89 amd 1993 No. 36 s 2 sch 1; 1993 No. 76 s 3 sch 1

90Court may make probation order whether or not conviction recorded

Subject to section 91, a court may make a probation order whether or not it records a conviction.

91Making of an order

If a court convicts an offender of an offence punishable by imprisonment or a regulatory offence, the court may—

(a)whether or not it records a conviction—make for the offender a probation order mentioned in section 92(1)(a); or

(b)if it records a conviction—make for the offender a probation order mentioned in section 92(1)(b).

92Effect of order

(1)The effect of a probation order is—

(a)that the offender is released under the supervision of an authorised corrective services officer for the period stated in the order; or

(b)that the offender—

(i)is sentenced to a term of imprisonment for not longer than 1 year; and

(ii)at the end of the term of imprisonment the offender is released under the supervision of an authorised corrective services officer for the remainder of the period stated in the order.

(2)The period of the probation order starts on the day the order is made and must be—

(a)if the order is made under subsection (1)(a)—not less than 6 months or more than 3 years; or

(b)if the order is made under subsection (1)(b)—not less than 9 months or more than 3 years.

(3)The requirements of a probation order made under subsection (1)(a) start on the day the order is made.

(4)The requirements of a probation order made under subsection (1)(b) start—

(a)immediately the offender is released from prison; or

(b)if the offender is released to a re-integration program—at the end of the program.

(5)A term of imprisonment imposed under subsection (1)(b)(i) must not be suspended under part 8.

s 92 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch; 2002 No. 23 s 61

93General requirements of probation order

(1)The probation order must contain requirements that the offender—

(a)must not commit another offence during the period of the order; and

(b)must report to an authorised corrective services officer at the place, and within the time, stated in the order; and

(c)must report to, and receive visits from, an authorised corrective services officer as directed by the officer; and

(d)must take part in counselling and satisfactorily attend other programs as directed by the court or an authorised corrective services officer during the period of the order; and

(e)must notify an authorised corrective services officer of every change of the offender’s place of residence or employment within 2 business days after the change happens; and

(f)must not leave or stay out of Queensland without the permission of an authorised corrective services officer; and

(g)must comply with every reasonable direction of an authorised corrective services officer.

(2)In subsection (1)—

offence does not include an offence against section 123(1).

s 93 amd 1999 No. 9 s 3 sch

94Additional requirements of probation order

The probation order may contain requirements that the offender—

(a)submit to medical, psychiatric or psychological treatment; and

(b)comply, during the whole or part of the period of the order, with the conditions that the court considers are necessary—

(i)to cause the offender to behave in a way that is acceptable to the community; or

(ii)to stop the offender from again committing the offence for which the order was made; or

(iii)to stop the offender from committing other offences.

s 94 amd 2007 No. 3 s 53

95Probation order to be explained

(1)Before making the probation order, the court must explain, or cause to be explained, to the offender—

(a)the purpose and effect of the order; and

(b)what may follow if the offender contravenes the requirements of the order; and

(c)that the order may be amended or revoked on application of the offender, an authorised corrective services officer or the director of public prosecutions.

(2)The explanation must be made in language or in a way likely to be readily understood by the offender.

s 95 amd 1999 No. 9 s 3 sch

96Offender to agree to making or amending of order

The court may make or amend the probation order only if the offender agrees to the order being made or amended and also agrees to comply with the order as made or amended.

97Multiple offences

(1)A court may make 1 or more probation orders for an offender convicted of 2 or more offences.

(2)The court may include the orders in a single form of order that specifies each offence for which a probation order is made.

98Application of s 32

A court must not deal with an offender under section 32 if the court is of the opinion that it is appropriate to release the offender on probation under this part.

99Termination of probation order

A probation order is terminated—

(a)at the end of its period; or

(b)if the offender is sentenced or further sentenced for the offence for which the order was made; or

(c)if the order is revoked under section 120(1).

s 99 amd 1993 No. 36 s 2 sch 1; 2013 No. 31 s 44

pt 5 div 2 sdiv 1 hdg ins 2014 No. 42 s 89

100Court may make order whether or not conviction recorded

A court may make a community service order whether or not it records a conviction.

101Making of an order

If a court convicts an offender of an offence punishable by imprisonment or a regulatory offence, the court may make a community service order for the offender if the court is satisfied that the offender is a suitable person to perform community service under the order.

s 101 amd 1993 No. 36 s 2 sch 1

102Effect of order

The effect of the order is that the offender is required to perform unpaid community service for the number of hours stated in the order.

103General requirements of community service order

(1)The community service order must contain requirements that the offender—

(a)must not commit another offence during the period of the order; and

(b)must report to an authorised corrective services officer at the place, and within the time, stated in the order; and

(c)must report to, and receive visits from, an authorised corrective services officer as directed by the officer; and

(d)must perform in a satisfactory way community service directed by an authorised corrective services officer—

(i)for the number of hours stated in the order; and

(ii)at the times directed by the officer; and

(e)must notify an authorised corrective services officer of every change of the offender’s place of residence or employment within 2 business days after the change happens; and

(f)must not leave or stay out of Queensland without the permission of an authorised corrective services officer; and

(g)must comply with every reasonable direction of an authorised corrective services officer.

(2)The total number of hours stated in the order—

(a)must not be less than 40 and not more than 240; and

(b)must be performed within 1 year from the making of the order or another time allowed by the court.

(2A)A direction given under subsection (1)(d)(ii) applies to all community service orders made for the offender by the same court on the same day.

(3)In subsection (1)—

offence does not include an offence against section 123(1).

s 103 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch

105Community service order to be explained

(1)Before making the community service order, the court must explain, or cause to be explained, to the offender—

(a)the purpose and effect of the order; and

(b)what may follow if the offender contravenes the requirements of the order; and

(c)that the order may be amended or revoked on application of the offender, an authorised corrective services officer or the director of public prosecutions.

(2)The explanation must be made in language or in a way likely to be readily understood by the offender.

s 105 amd 1999 No. 9 s 3 sch

106Offender to agree to making or amending of order

(1)The court may make or amend the community service order only if the offender agrees to the order being made or amended and also agrees to comply with the order as made or amended.

(2)Subsection (1) does not apply to a community service order required under section 108B.

s 106 amd 2014 No. 42 s 90

107Multiple offences

(1)A court may make 1 or more community service orders for an offender convicted of 2 or more offences.

(2)If a court makes 2 or more community service orders, the number of hours of community service ordered must not, when added together, total more than 240.

(3)A court may make 1 or more further community service orders for an offender who is subject to an existing community service order.

(4)The number of hours of community service that the offender has not performed under the existing order, and the number of hours of community service ordered to be served under the orders made under subsection (3), must not, when added together, total more than 240.

(4A)A court may make—

(a)1 or more community service orders for an offender who is subject to an existing graffiti removal order; or

(b)1 or more community service orders for an offender who is subject to an existing graffiti removal order and an existing community service order.

(4B)The number of hours of unperformed unpaid service and the number of hours of community service ordered to be served under the orders made under subsection (4A)(a) or (b) must not, when added together, total more than 240.

(5)Subject to subsections (2), (4) and (4B) all unpaid service to which this section applies is to be performed cumulatively unless the court orders otherwise.

(6)This section applies subject to section 108C.

s 107 amd 2013 No. 31 s 45; 2014 No. 42 s 91

108Termination of community service order

A community service order is terminated—

(a)when the offender performs community service in accordance with the requirements of the order for the number of hours stated in the order; or

(b)if the offender is sentenced or further sentenced for the offence for which the order was made; or

(c)if the order is revoked under section 120(1) or 120A.

s 108 amd 1993 No. 36 s 2 sch 1; 2013 No. 31 s 46; 2014 No. 42 s 91A

pt 5 div 2 sdiv 2 hdg ins 2014 No. 42 s 92

108ADefinitions for sdiv 2

In this subdivision—

prescribed offence means an offence against—

(a)any of the following provisions of the Criminal Code—

(i)section 72;

(ii)section 320;

(iii)section 323;

(iv)section 335;

(v)section 339;

(vi)section 340(1)(b) or (2AA); or

(b)the Police Powers and Responsibilities Act 2000, section 790.

public place means—

(a)a place, or part of a place, that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or

(b)a place, or part of a place, the occupier of which allows, whether or not on payment of money, members of the public to enter.

s 108A ins 2014 No. 42 s 92

108BWhen community service order must be made

(1)It is a circumstance of aggravation for a prescribed offence that the offender committed the offence in a public place while the offender was adversely affected by an intoxicating substance.

(2)If a court convicts an offender of a prescribed offence with the circumstance of aggravation mentioned in subsection (1), the court must make a community service order for the offender whether or not the court also makes another order under this or another Act.

(2A)However, subsection (2) does not apply if the court is satisfied that, because of any physical, intellectual or psychiatric disability of the offender, the offender is not capable of complying with a community service order.

(3)Subsection (2) is subject to sections 121(4), 125(8) and 126(6B).

s 108B ins 2014 No. 42 s 92

108CEffect if offender is also subject to other orders

(1)This section applies if—

(a)under section 108B, a court makes a community service order (the new order) for an offender; and

(b)the offender is also subject to 1 or more other community service orders or graffiti removal orders (the existing orders); and

(c)the total number of hours of unperformed unpaid service under the new order and the existing orders is more than 240.

(2)For subsection (3), the excess amount is the amount by which the total number of hours of unperformed unpaid service under the new order and the existing orders is more than 240.

(3)Of the hours of service ordered to be performed under the new order, a number of hours equal to the excess amount must be performed concurrently with the unperformed community service under the existing orders.

Example—

Under section 108B, a court makes a community service order (the new order) requiring an offender to perform 50 hours of service. The offender is also subject to other community service orders for which there are 220 hours of unperformed unpaid service. Of the hours of service to be performed under the new order, 30 hours are to be served concurrently with the hours of unperformed unpaid service under the existing orders.

s 108C ins 2014 No. 42 s 92

108DEffect if offender is detained on remand or imprisoned

(1)This section applies if—

(a)under section 108B, a court makes a community service order for an offender; and

(b)during the period mentioned in section 103(2)(b) (the period for performance), the offender is detained in custody on remand or is serving a term of imprisonment in a corrective services facility.

(2)The community service order is suspended for the period the offender is detained or imprisoned.

(3)The period for performance is extended by the period the offender is detained or imprisoned.

s 108D ins 2014 No. 42 s 92

109Court may make probation order and community service order for an offender

(1)If an offender is before a court for sentence after being convicted of an offence punishable by a term of imprisonment or a regulatory offence, the court may make for the offender a probation order mentioned in section 92(1)(a) and also a community service order.

(2)If a court makes a probation order and a community service order under subsection (1), the court—

(a)must make separate orders; and

(b)must not impose an order as a requirement of the other order.

(3)If an offender for whom a probation order and a community service order are made under subsection (1) contravenes a requirement of either order and is dealt with for the original offence in relation to the order, the other order is discharged.

110Appeal against probation order or community service order

An offender aggrieved by the making of a probation order or community service order may appeal under the Justices Act 1886 or the Criminal Code, chapter 67.

pt 5A hdg ins 2013 No. 31 s 47

110AMaking of an order

(1)This section applies if a court convicts an offender of a graffiti offence, whether on indictment or summarily.

(2)The court must make a graffiti removal order for the offender whether or not it records a conviction and whether or not it also makes another order under this or another Act.

(3)However, subsection (2) does not apply if the court is satisfied that, because of any physical, intellectual or psychiatric disability of the offender, the offender is not capable of complying with a graffiti removal order.

(4)Subsection (2) is subject to sections 121(3), 125(7) and 126(6A).

s 110A ins 2013 No. 31 s 47

amd 2014 No. 42 s 92A

110BEffect of order

The effect of the order is that the offender is required to perform unpaid graffiti removal service for the number of hours stated in the order.

s 110B ins 2013 No. 31 s 47

110CGeneral requirements of graffiti removal order

(1)The graffiti removal order must contain requirements that the offender—

(a)must not commit another offence during the period of the order; and

(b)must report to an authorised corrective services officer at the place, and within the time, stated in the order; and

(c)must report to, and receive visits from, an authorised corrective services officer as directed by the officer; and

(d)must perform in a satisfactory way graffiti removal service directed by an authorised corrective services officer—

(i)for the number of hours stated in the order; and

(ii)at the times directed by the officer; and

(e)must notify an authorised corrective services officer of every change of the offender’s place of residence or employment within 2 business days after the change happens; and

(f)must not leave or stay out of Queensland without the permission of an authorised corrective services officer; and

(g)must comply with every reasonable direction of an authorised corrective services officer.

(2)The total number of hours stated in the order—

(a)must not be more than 40; and

(b)subject to subsection (3), must be performed within 1 year from the making of the order or another time allowed by the court.

(3)If, during the period mentioned in subsection (2)(b), the offender is detained in custody on remand or is serving a term of imprisonment in a corrective services facility—

(a)the graffiti removal order is suspended for the period the offender is detained or imprisoned; and

(b)the period mentioned in subsection (2)(b) is extended by the period the offender is detained or imprisoned.

(4)A direction given under subsection (1)(d)(ii) applies to all graffiti removal orders made for the offender by the same court on the same day.

(5)In this section—

another offence does not include an offence against section 123(1).

s 110C ins 2013 No. 31 s 47

110DGraffiti removal order to be explained

(1)Before making the graffiti removal order, the court must explain, or cause to be explained, to the offender—

(a)the purpose and effect of the order; and

(b)what may follow if the offender contravenes the requirements of the order; and

(c)that the order may be amended or revoked, on application of the offender, an authorised corrective services officer or the director of public prosecutions, if the court is satisfied that, because of any physical, intellectual or psychiatric disability of the offender, the offender is not capable of complying with the order.

(2)The explanation must be made in language or in a way likely to be readily understood by the offender.

s 110D ins 2013 No. 31 s 47

110EMultiple orders for single graffiti offence

(1)This section applies if—

(a)an offender is before a court for sentence after being convicted of a single graffiti offence; and

(b)in relation to the offence, the court makes a graffiti removal order and also makes 1 or both of the following orders—

(i)a community service order;

(ii)a probation order.

(2)The court—

(a)must make separate orders; and

(b)must not impose an order as a requirement of another order.

(3)If the court makes both a graffiti removal order and a community service order, the total number of hours of unpaid service ordered must not be more than 240.

(4)If the offender for whom the orders are made contravenes a requirement of any of the orders and is dealt with for the original offence in relation to the order, the other orders are discharged.

s 110E ins 2013 No. 31 s 47

110FMultiple orders for multiple offences

(1)Subsections (2) and (3) apply if an offender is convicted of 2 or more graffiti offences, whether or not the offender is also convicted of 1 or more other offences that are not graffiti offences.

(2)The court—

(a)must make at least 1 graffiti removal order for the offender; and

(b)may make either or both of the following—

(i)more than 1 graffiti removal order for the offender;

(ii)1 or more community service orders for the offender.

(3)If the court makes more than 1 graffiti removal order, the number of hours of graffiti removal service ordered must not, when added together, total more than 40.

(4)Subsection (5) applies if an offender is convicted of a graffiti offence and 1 or more other offences that are not graffiti offences.

(5)The court may, in addition to a graffiti removal order, make 1 or more community service orders for the offender.

(6)If, under subsection (2) or (5), the court makes 1 or more graffiti removal orders and also makes 1 or more community service orders, the total number of hours of unpaid service ordered must not be more than 240.

s 110F ins 2013 No. 31 s 47

110GSuccessive orders

(1)Subsection (2) applies if an offender is—

(a)convicted of a graffiti offence; and

(b)subject to 1 or more existing graffiti removal orders.

(2)Subject to subsection (3), the number of hours of unperformed graffiti removal service and the number of hours of graffiti removal service ordered to be served for the graffiti offence must not, when added together, total more than 40.

(3)If the number of hours of unperformed graffiti removal service is 40, the graffiti removal service ordered to be served for the graffiti offence must be performed concurrently with the unperformed graffiti removal service.

(4)Subsection (5) applies if an offender is—

(a)convicted of a graffiti offence; and

(b)subject to either of the following—

(i)1 or more existing community service orders;

(ii)1 or more existing graffiti removal orders and 1 or more existing community service orders.

(5)Subject to subsection (6), the number of hours of unperformed unpaid service and the number of hours of graffiti removal service ordered to be served for the graffiti offence must not, when added together, total more than 240.

(6)If the number of hours of unperformed unpaid service is 240, the graffiti removal service ordered to be served for the graffiti offence—

(a)must be performed concurrently with any unperformed graffiti removal service to the extent that the number of hours of graffiti removal service ordered to be served for the graffiti offence is, when added to the number of hours of unperformed graffiti removal service, more than 40; or

(b)to the extent that paragraph (a) does not apply—must, when it is performed by the offender, be taken to be both—

(i)community service performed under 1 or more of the existing community service orders; and

(ii)graffiti removal service performed under the graffiti removal order made by the court for the offence.

(7)For subsection (6)(b), the chief executive (corrective services) must—

(a)subject to any order of the court, identify the existing community service order, or orders, in relation to which the graffiti removal service is taken to have been performed; and

(b)notify the offender in writing of the matter mentioned in paragraph (a).

s 110G ins 2013 No. 31 s 47

110HUnpaid service to be performed cumulatively

All unpaid service to which the following sections apply is to be performed cumulatively unless the court orders otherwise—

(a)section 110E, subject to subsection (3) of that section;

(b)section 110F, subject to subsections (3) and (6) of that section;

(c)section 110G, subject to subsections (2), (3), (5) and (6) of that section.

s 110H ins 2013 No. 31 s 47

110ITermination of graffiti removal order

A graffiti removal order is terminated—

(a)when the offender performs graffiti removal service in accordance with the requirements of the order for the number of hours stated in the order; or

(b)if the offender is sentenced or further sentenced for the offence for which the order was made; or

(c)if the order is revoked under section 120A.

s 110I ins 2013 No. 31 s 47

111Court may make order only if it records conviction

A court may make an intensive correction order only if it records a conviction.

112Making of order

If a court sentences an offender to a term of imprisonment of 1 year or less, the court may make an intensive correction order for the offender.

s 112 amd 1993 No. 36 s 2 sch 1

113Effect of order

(1)The effect of the order is that the offender is to serve the sentence of imprisonment by way of intensive correction in the community and not in a prison.

(2)For the purposes of the provisions of an Act providing for disqualification for, or loss of, office or the forfeiture of benefits, the offender is taken not to have been sentenced to a term of imprisonment.

s 113 amd 2006 No. 29 s 488

114General requirements of intensive correction order

(1)The intensive correction order must contain requirements that the offender—

(a)must not commit another offence during the period of the order; and

(b)must report to an authorised corrective services officer at the place, and within the time, stated in the order; and

(c)must report to, and receive visits from, an authorised corrective services officer at least twice in each week that the order is in force; and

(d)must take part in counselling and satisfactorily attend other programs as directed by the court or an authorised corrective services officer during the period of the order; and

(e)must perform in a satisfactory way community service that an authorised corrective services officer directs during the period of the order; and

(f)must, during the period of the order, if an authorised corrective services officer directs, reside at community residential facilities for periods (not longer than 7 days at a time) that the officer directs; and

(g)must notify an authorised corrective services officer of every change of the offender’s place of residence or employment within 2 business days after the change happens; and

(h)must not leave or stay out of Queensland without the permission of an authorised corrective services officer; and

(i)must comply with every reasonable direction of an authorised corrective services officer.

(2)An authorised corrective services officer must not direct the offender to attend programs or perform community service for more than 12 hours in any week.

(2A)Unless the court or an authorised corrective services officer otherwise directs, the offender must—

(a)attend programs for one-third of the time directed; and

(b)perform community service for two-thirds of the time directed.

(3)In subsection (1)—

offence does not include an offence against section 123(1).

s 114 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch; 2004 No. 43 s 74

115Additional requirements of intensive correction order

The intensive correction order may contain requirements that the offender—

(a)submit to medical, psychiatric or psychological treatment; and

(b)comply, during the whole or part of the period of the order, with conditions that the court considers are necessary—

(i)to cause the offender to behave in a way that is acceptable to the community; or

(ii)to stop the offender from again committing the same type of offence for which the order was made; or

(iii)to stop the offender from committing other offences.

s 115 amd 2007 No. 3 s 55

116Intensive correction order to be explained

(1)Before making the intensive correction order, the court must explain, or cause to be explained, to the offender—

(a)the purpose and effect of the order; and

(b)what may follow if the offender contravenes the requirements of the order; and

(c)that the order may be amended or revoked on application by the offender, an authorised corrective services officer or the director of public prosecutions.

(2)The explanation must be made in language or a way likely to be readily understood by the offender.

s 116 amd 1999 No. 9 s 3 sch

117Offender to agree to making or amending of order

The court may make or amend the intensive correction order only if the offender agrees to the order being made or amended and also agrees to comply with the order as made or amended.

118Multiple offences

(1)If—

(a)a court sentences an offender to 2 or more terms of imprisonment at the same time; and

(b)the total period that the offender is sentenced to serve is longer than 1 year;

the court must not make an intensive correction order for any of the offences.

(2)If—

(a)a court sentences an offender to 2 or more terms of imprisonment at the same time; and

(b)the total period that the offender is sentenced to serve is not longer than 1 year;

the court may make intensive correction orders for each of the offences.

(3)The court may include the orders in a single form of order that specifies each offence for which an intensive correction order is made.

119Termination of intensive correction order

An intensive correction order is terminated—

(a)at the end of its period; or

(b)if the offender is sentenced or further sentenced for the offence for which the order was made; or

(c)if the order is revoked under section 120(1); or

(d)if the offender is committed to prison under section 127(1).

s 119 amd 1993 No. 36 s 2 sch 1; 2013 No. 31 s 48

120Amendment and revocation of community based orders generally

(1)The court that made a community based order other than an order to which section 120A applies may, on application under this division, amend or revoke the order if the court is satisfied—

(a)that the offender is not able to comply with the order because the offender’s circumstances have materially altered since the order was made; or

(b)that the circumstances of the offender were wrongly stated or were not accurately presented to the court; or

(c)that the offender is no longer willing to comply with the order.

(2)If a court other than the court that imposed the community based order amends or revokes the order, the first court must notify the original court of the amendment or revocation.

s 120 amd 2013 No. 31 s 49; 2014 No. 42 s 93

120AAmendment and revocation of s 108B community service order or graffiti removal order

(1)This section applies to—

(a)a community service order made under section 108B; or

(b)a graffiti removal order.

(2)The court that made the order may, on application under this division, amend or revoke the order if the court is satisfied that, because of any physical, intellectual or psychiatric disability of the offender, the offender is not capable of complying with the order.

(3)If a court other than the court that imposed the order amends or revokes the order, the first court must notify the original court of the amendment or revocation.

s 120A ins 2013 No. 31 s 50

sub 2014 No. 42 s 94

121Offender may be re-sentenced on revocation of order

(1)Subject to subsection (2), if a community based order is revoked, the court that made the order may re-sentence the offender for the offence for which the order was made in any way in which the court could deal with the offender if the offender had just been convicted by or before it of the offence.

(2)In determining how to re-sentence the offender, the court must take into account the extent to which the offender had complied with the order before its revocation.

(3)If the community based order mentioned in subsection (1) is a graffiti removal order, the court need not, but may, when re-sentencing the offender for the graffiti offence for which the order was made, make another graffiti removal order.

(4)If the community based order mentioned in subsection (1) is a community service order made under section 108B, the court need not, but may, when re-sentencing the offender for the offence for which the order was made, make another community service order.

s 121 amd 2013 No. 31 s 51; 2014 No. 42 s 95

122Application for amendment or revocation

(1)An application under this division must be made—

(a)by—

(i)the offender; or

(ii)an authorised corrective services officer; or

(iii)the director of public prosecutions; and

(b)while the community based order is in force; and

(c)in the approved form.

(2)Notice of an application made by the offender must be given by the court to the chief executive (corrective services) and—

(a)if the court that made the community based order was the Supreme Court or a District Court—to the director of public prosecutions; or

(b)if the court that made the community based order was a Magistrates Court—to the prosecutor before that court.

(3)Notice of an application by an authorised corrective services officer must be given to the court, the offender and the director of public prosecutions.

(4)Notice of an application by the director of public prosecutions must be given to the court, the offender and the chief executive (corrective services).

(5)If an application is made under subsection (1) to a court that is not the court that made the community based order, the first court must give a copy of the application to the court that made the community based order.

s 122 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch

123Offence to contravene requirement of community based orders

(1)An offender who contravenes, without reasonable excuse, a requirement of a community based order commits an offence.

Maximum penalty—10 penalty units.

(2)Subsection (1) applies—

(a)whether or not the contravention is an offence against another Act or law; and

(b)whether the contravention happens in or out of Queensland.

124Proceeding for offence may be brought in any Magistrates Court

Subject to section 128 or 129, proceeding for an offence against section 123(1) may be brought in any Magistrates Court.

125Powers of Magistrates Court that convicts offender of offence against s 123(1)

(1)This section applies if a Magistrates Court convicts the offender of an offence against section 123(1).

(2)The court may, in addition to, or instead of, dealing with the offender under section 123(1), admonish and discharge the offender or make 1 or more of the following orders—

(a)an order—

(i)requiring payment of an amount that was required to be paid by the community based order concerned and has not been paid; and

(ii)for the enforcement of payment of the amount as if it were then making the community based order;

(b)with the offender’s consent, an order to increase the number of hours for which the offender is required by the order to perform community service;

(ba)an order to increase the number of hours for which the offender is required by the order to perform graffiti removal service;

(c)an order extending the period of 1 year allowed for the offender to perform community service or graffiti removal service.

(3)The imposition of a fine under section 123(1) or the making of an order mentioned in subsection (2) does not affect the continuation of the community based order.

(4)The court may also—

(a)if the community based order was made by a Magistrates Court—subject to section 126A, deal with the offender for the offence for which the community based order was made in any way that it could deal with the offender if the offender had just been convicted by it of the offence; or

(b)if the community based order was made by the Supreme Court or a District Court (the sentencing court)—

(i)commit the offender into custody to be brought before the sentencing court; or

(ii)grant bail to the offender on the condition that the offender must appear before the sentencing court.

(5)If the offender is subject to 2 or more community based orders that were made by courts of different jurisdictions, an order under subsection (4)(b) may be made that the offender be brought or appear before whichever of the courts is the court of highest jurisdiction.

(6)In taking action under subsection (4)(a), the court must have regard to—

(a)the making of the community based order; and

(b)anything done to comply with the requirements of the order.

(7)If the offence mentioned in subsection (1) relates to a graffiti removal order, the court, in taking action under subsection (4)(a), need not, but may, make another graffiti removal order.

(8)If the offence mentioned in subsection (1) relates to a community service order made under section 108B, the court, in taking action under subsection (4)(a), need not, but may, make another community service order.

s 125 amd 2007 No. 37 s 129; 2013 No. 31 s 52; 2014 No. 42 s 96