Queensland

Penalties and Sentences Act
1992

Current as at 27 October 2017

Queensland

Penalties and Sentences Act 1992
Contents
Page
Part 1Preliminary1

Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

173

Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

4

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

4A

Meaning of authorised corrective services officer . . . . . . . . . . . .

27

5

Meaning of penalty unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

5A

Prescribed value of particular penalty unit . . . . . . . . . . . . . . . . .

29

6Application to children and certain courts . . . . . . . . . . . . . . . . . .

30

7Sentences under this Act are sentences for purposes of the Criminal
Code, ch 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30

8Construction of references to court that made order . . . . . . . . . .

30

8A

Delegation of powers by proper officer . . . . . . . . . . . . . . . . . . . .

31Part 2Governing principles

9

Sentencing guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

10

Court’s reasons to be stated and recorded . . . . . . . . . . . . . . . . .

39

11Matters to be considered in determining offender’s character . .

39

12

Court to consider whether or not to record conviction . . . . . . . . .

39

12A

Convictions for offences relating to domestic violence . . . . . . . .

41

13

Guilty plea to be taken into account . . . . . . . . . . . . . . . . . . . . . .

43

13A

Cooperation with law enforcement authorities to be taken into
account—undertaking to cooperate . . . . . . . . . . . . . . . . . . . . . .

44

Cooperation with law enforcement authorities to be taken into
account—cooperation given . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46

14

Preference must be given to compensation for victims . . . . . . . .

48

15

Information or submissions for sentence . . . . . . . . . . . . . . . . . . .

49

15A

Audiovisual link or audio link may be used to sentence . . . . . . .

50Part 2A

Guideline judgments

15AA

Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13B

51

Penalties and Sentences Act 1992
Contents
15AB

Powers of court to give or review guideline judgments . . . . . . . .

51

15AC

Limitations for guideline judgments . . . . . . . . . . . . . . . . . . . . . . .

52

15AD

Guideline judgments on own initiative . . . . . . . . . . . . . . . . . . . . .

52

15AE

Guideline judgments on application . . . . . . . . . . . . . . . . . . . . . .

53

15AF

Right of appearance in a guideline proceeding . . . . . . . . . . . . . .

54

15AG

Powers of Attorney-General or director of public prosecutions . .

54

15AH

Relevant considerations before giving or reviewing guideline judgment
55

15AI

Procedural requirements if court decides to give or review guideline
judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
55

15AJ

Discretion of court preserved . . . . . . . . . . . . . . . . . . . . . . . . . . .

56

15AK

Use of evidence in giving or reviewing guideline judgments . . . .

56

15AL

Relationship between guideline judgments and other sentencing matters
56

Part 3

Releases, restitution and compensation

Division 1

Orders to release certain offenders

Subdivision 1

Interpretation

15B

Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57

15C

Meaning of eligible drug offender . . . . . . . . . . . . . . . . . . . . . . . .

57

15D

Meaning of eligible drug offence . . . . . . . . . . . . . . . . . . . . . . . . .

59

15E

Meaning of disqualifying offence . . . . . . . . . . . . . . . . . . . . . . . . .

60

15F

Meaning of approved provider . . . . . . . . . . . . . . . . . . . . . . . . . . .

61

Subdivision 2

Orders16

Court may make order under this division if it does not record conviction
61

17

Making of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

62

18

Matters to which court must have regard . . . . . . . . . . . . . . . . . .

62

19

Order of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

62

20

Contravention of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63

21

Termination of recognisance . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64

Division 2

Recognisances for property related offences

22

Court may make order under this division if it does not record conviction
65

23

When court may act under this division . . . . . . . . . . . . . . . . . . . .

65

24Adjournment and release of offender if recognisance entered into

65

25

Offender may be called on to do certain things . . . . . . . . . . . . . .

65

26

Offender may be called on for sentence . . . . . . . . . . . . . . . . . . .

66

Page 2

Penalties and Sentences Act 1992
Contents
27

Offender failing to appear under recognisance or when called . .

66

28

Termination of recognisance . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67

Division 3

Release on entering into recognisance29

Court may act under this division whether or not it records conviction 67

30

Recognisance—conviction on indictment . . . . . . . . . . . . . . . . . .

67

31

Recognisance—summary conviction . . . . . . . . . . . . . . . . . . . . .

68

32

Recognisance instead of imposing any other sentence . . . . . . .

68

33

Termination of recognisance . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69

33A

Failing to obey condition of recognisance . . . . . . . . . . . . . . . . . .

69

Division 3AA

Offenders failing to enter into recognisances before leaving court

33AA

Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69

33AB

Proper officer of court may give offender notice . . . . . . . . . . . . .

70

33AC

Court may issue warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70

33AD

Orders for offender appearing before court . . . . . . . . . . . . . . . . .

71

33AE

Orders for particular offender failing to appear before court . . . .

71

33AF

Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72

Division 3A

Provisions relating to forfeited recognisances

33B

Order for payment of amount under forfeited recognisance . . . .

73

33C

Variation or revocation of order forfeiting recognisance . . . . . . .

74

Division 4

Orders for restitution and compensation

34

Court may act under this division whether or not it records conviction 75

35

Order for restitution or compensation . . . . . . . . . . . . . . . . . . . . .

76

36

What order may state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76

37

Limit on imprisonment under s 36(2) . . . . . . . . . . . . . . . . . . . . . .

77

38

Extension of time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77

39

Directions for enforcing order of imprisonment . . . . . . . . . . . . . .

78

39A

Other orders available on failure to comply . . . . . . . . . . . . . . . . .

78

40

Failing to appear as directed . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78

41

Instalments—failing to pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

79

42

Payment of restitution or compensation . . . . . . . . . . . . . . . . . . .

79

43

Division does not limit operation of other provisions . . . . . . . . . .

79

Part 3A

Non-contact orders

43A

Court may make order whether or not it records conviction . . . .

79

43B

Making non-contact order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

79

43C

Requirements of non-contact order . . . . . . . . . . . . . . . . . . . . . . .

80

43D

Amending or revoking non-contact order . . . . . . . . . . . . . . . . . .

82
Page 3

Penalties and Sentences Act 1992
Contents
43E

Order to be given to interested persons . . . . . . . . . . . . . . . . . . .

84

43F

Contravention of non-contact order . . . . . . . . . . . . . . . . . . . . . . .

85

Part 3B

Banning orders

43G

Definitions for pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43HRecord of conviction not required . . . . . . . . . . . . . . . . . . . . . . . .

86

43I

What is a banning order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

86

43J

Making a banning order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

87

43K

Banning order to be explained . . . . . . . . . . . . . . . . . . . . . . . . . .

90

86

43L

Amending or revoking banning order . . . . . . . . . . . . . . . . . . . . .

90

43M

Banning order to be given to interested persons . . . . . . . . . . . . .

91

43N

Commissioner of police service may give copy of banning order toparticular persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

92

43O

Contravention of banning order . . . . . . . . . . . . . . . . . . . . . . . . . .

93Part 4

Fines

Division 1

General44

Court may impose fine whether or not conviction recorded . . . .

9445Power to fine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

94

46

Fine limitations of certain courts . . . . . . . . . . . . . . . . . . . . . . . . .

94

47

Lesser fine than provided may be imposed . . . . . . . . . . . . . . . . .

95

48

Exercise of power to fine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

95

49Single fine for 2 or more offences . . . . . . . . . . . . . . . . . . . . . . . .

96

50Instalment order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

96

51

Payment of fine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

97

Division 2

Fine option orders

52

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

97

53

Application for order if offender before court . . . . . . . . . . . . . . . .

97

54

If offender not before court written notice of right to apply for fine option
order to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
98

55

Application for order generally . . . . . . . . . . . . . . . . . . . . . . . . . . .

98

56A

Offender may apply to proper officer for fine option order . . . . . .

99

57

Matters to be considered on application . . . . . . . . . . . . . . . . . . .

100

58

Proper officer must reconsider offender’s financial position . . . .

101

59

Determination of application . . . . . . . . . . . . . . . . . . . . . . . . . . . .

102

60

Application may be granted or refused . . . . . . . . . . . . . . . . . . . .

103

61

Making of order by proper officer of the court . . . . . . . . . . . . . . .

104

62

Effect of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

105

Page 4

Penalties and Sentences Act 1992
Contents
63

No liability if warrant executed in good faith and without negligence 105

64

Order to be in writing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

106

65

Release from custody when order is made . . . . . . . . . . . . . . . . .

106

66

Requirements of fine option orders . . . . . . . . . . . . . . . . . . . . . . .

106

67

Directions under fine option order . . . . . . . . . . . . . . . . . . . . . . . .

107

68

Period mentioned in s 66(2) may be extended . . . . . . . . . . . . . .

108

69

Maximum number of hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

108

70

Fine reduced proportionate to imprisonment . . . . . . . . . . . . . . . .

109

71

Community service to be performed cumulatively . . . . . . . . . . . .

109

72

Performance of community service to be credited against fine . .

109

73

Payments and application of payments . . . . . . . . . . . . . . . . . . . .

110

74

Failing to comply with a requirement of an order . . . . . . . . . . . .

110

76

Proper officer to determine hours of community service . . . . . . .

112

78

Effect of revoking order under s 74 . . . . . . . . . . . . . . . . . . . . . . .

112

79

Revocation of fine option order other than under s 74 . . . . . . . .

112

80

Offender may be re-sentenced on revocation of order under s 79

113

81

Application for revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

113

82

Imprisonment to be reduced proportionate to amount of fine paid orcommunity service performed . . . . . . . . . . . . . . . . . . . . . . . . . . .
114

83

Court to notify court that imposed fine option order . . . . . . . . . .

117

84

Certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

117

85

Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

118

86

Hearing and determination of appeals . . . . . . . . . . . . . . . . . . . .

119

88

Termination of fine option order . . . . . . . . . . . . . . . . . . . . . . . . .

119

89

Original order terminated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

120Part 5Intermediate orders

Division 1

Probation orders

90

Court may make probation order whether or not conviction recorded
120

91

Making of an order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

120

92

Effect of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

121

93

General requirements of probation order . . . . . . . . . . . . . . . . . .

121

94

Additional requirements of probation order . . . . . . . . . . . . . . . . .

122

95

Probation order to be explained . . . . . . . . . . . . . . . . . . . . . . . . .

123

96

Offender to agree to making or amending of order . . . . . . . . . . .

123

97

Multiple offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

123Page 5Penalties and Sentences Act 1992
Contents
98

Application of s 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

123

99

Termination of probation order . . . . . . . . . . . . . . . . . . . . . . . . . .

124

Division 2

Community service orders

Subdivision 1

General100

Court may make order whether or not conviction recorded . . . .

124

101

Making of an order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

124

102

Effect of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

124

103

General requirements of community service order . . . . . . . . . . .

124

105

Community service order to be explained . . . . . . . . . . . . . . . . . .

125

106

Offender to agree to making or amending of order . . . . . . . . . . .

126

107

Multiple offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

126

108

Termination of community service order . . . . . . . . . . . . . . . . . . .

127

Subdivision 2

Community service orders mandatory for particular offences

108A

Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

127

108B

When community service order must be made . . . . . . . . . . . . . .

128

108C

Effect if offender is also subject to other orders . . . . . . . . . . . . .

129

108D

Effect if offender is detained on remand or imprisoned . . . . . . . .

129

Division 3

General109

Court may make probation order and community service order for an
offender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
130

110

Appeal against probation order or community service order . . . .

Part 5A

Graffiti removal orders

110A

Making of an order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

131

110B

Effect of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

131

110C

General requirements of graffiti removal order . . . . . . . . . . . . . .

131

110D

Graffiti removal order to be explained . . . . . . . . . . . . . . . . . . . . .

132

110E

Multiple orders for single graffiti offence . . . . . . . . . . . . . . . . . . .

133

110F

Multiple orders for multiple offences . . . . . . . . . . . . . . . . . . . . . .

134

110G

Successive orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

134

110H

Unpaid service to be performed cumulatively . . . . . . . . . . . . . . .

136

110I

Termination of graffiti removal order . . . . . . . . . . . . . . . . . . . . . .

136

Part 6

Intensive correction orders

111

Court may make order only if it records conviction . . . . . . . . . . .

136

112

Making of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

137

113

Effect of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

137

114

General requirements of intensive correction order . . . . . . . . . .

137

Page 6130

Penalties and Sentences Act 1992
Contents
115

Additional requirements of intensive correction order . . . . . . . . .

138

116

Intensive correction order to be explained . . . . . . . . . . . . . . . . .

139

117

Offender to agree to making or amending of order . . . . . . . . . . .

139

118

Multiple offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

139

119

Termination of intensive correction order . . . . . . . . . . . . . . . . . .

140Part 7

Other provisions relating to community based orders

Division 1

Amendment and revocation of orders

120

Amendment and revocation of community based orders generally

120A

Amendment and revocation of s 108B community service order or graffiti
removal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
141

121

Offender may be re-sentenced on revocation of order . . . . . . . .

141

122

Application for amendment or revocation . . . . . . . . . . . . . . . . . .

142

Division 2

Contravention of orders

123

Offence to contravene requirement of community based orders

143

124

Proceeding for offence may be brought in any Magistrates Court

143

125

Powers of Magistrates Court that convicts offender of offence against s
123(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
143

126

Powers of Supreme Court or District Court to deal with offender

145

126A

Particular provision for driver licence disqualifications . . . . . . . .

147

127

Additional power of courts in relation to an intensive correction order
148

128

Summons or warrant for contravention of single community based order
148

129

Summons or warrant for contravention of multiple orders made by courtsof different jurisdictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
149

130

Discharge of multiple community based orders where contravention
taken into account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
150

131

Contravention of requirements of order—judge to determine . . .

151

132

Proceedings after end of period of order . . . . . . . . . . . . . . . . . . .

151

Division 3

General133

Authorised corrective services officers subject to direction of court 151

134

Requirements of order have effect despite appeal . . . . . . . . . . .

151

135

Directions under community based order . . . . . . . . . . . . . . . . . .

152

136

Notifications following making of order . . . . . . . . . . . . . . . . . . . .

152

137

Facilitation of proof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

153

138

Application of Justices Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

154

139

Court may order summons or warrant for offender’s appearance

154

140

Power of Magistrates Court under s 128(2), 129(2) or 139(2) . .

155

140

Page 7

Penalties and Sentences Act 1992
Contents
141

Community service under intensive correction order cumulative with anyother community service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
155

142

Offence against this part—complainant . . . . . . . . . . . . . . . . . . .

156

Part 8Orders of suspended imprisonment

143

Court not to act without recording a conviction . . . . . . . . . . . . . .

156

144

Sentence of imprisonment may be suspended . . . . . . . . . . . . . .

156

145

Effect of suspended imprisonment . . . . . . . . . . . . . . . . . . . . . . .

157

146

Consequences of committing offence during operational period

157

146A

Summons or warrant for offender whose sentence of imprisonment has
been suspended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
159

147

Power of court mentioned in s 146 . . . . . . . . . . . . . . . . . . . . . . .

160

148

Imprisonment to be served immediately . . . . . . . . . . . . . . . . . . .

162

149

Reasons not stated—order still valid . . . . . . . . . . . . . . . . . . . . . .

163

150

Bail Act applies if offender not dealt with immediately . . . . . . . .

163

151A

Conditional release and parole for suspended sentences . . . . .

163

Part 9Imprisonment

Division 1

Liability

152

Court must record conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . .

152AProper officer to give chief executive (corrective services) record of orderof imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
164

153

Imprisonment—liability to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

164

153A

Term of imprisonment if none prescribed . . . . . . . . . . . . . . . . . .

164

Division 2

Calculation

163

154

Calculation of term of imprisonment . . . . . . . . . . . . . . . . . . . . . .

165

155

Imprisonment to be served concurrently unless otherwise ordered

165

156

Cumulative orders of imprisonment . . . . . . . . . . . . . . . . . . . . . . .

165

156A

Cumulative order of imprisonment must be made in particular
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

166

158A

Term of imprisonment does not run if offender on bail awaiting appeal
167

159

Term of imprisonment does not run while prisoner at large . . . .

167

159A

Time held in presentence custody to be deducted . . . . . . . . . . .

167

Division 3

Parole160

Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

170

160A

Application of ss 160B–160D . . . . . . . . . . . . . . . . . . . . . . . . . . .

171

160AA

Reduction of minimum period of imprisonment for particular offenders
172

160B

Sentence of 3 years or less and not a serious violent offence or sexual

Page 8

Penalties and Sentences Act 1992
Contents
offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
160C

173

Sentence of more than 3 years and not a serious violent offence orsexual offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
175

160D

Sentence for a serious violent offence or sexual offence . . . . . .

175

160E

Automatic cancellation of parole release or eligibility dates . . . .

176

160F

Significance of an offender’s period of imprisonment . . . . . . . . .

177

160G

Court may fix any day of sentence as parole release date . . . . .

177

160H

Series of sentences involving terms of imprisonment . . . . . . . . .

179Part 9A

Convictions of serious violent offences

161A

When an offender is convicted of a serious violent offence . . . .

180

161B

Declaration of conviction of serious violent offence . . . . . . . . . .

180

161C

Calculation of number of years of imprisonment . . . . . . . . . . . . .

181

Part 9B

Repeat serious child sex offences

161D

Meaning of serious child sex offence . . . . . . . . . . . . . . . . . . . . .

182

161E

Mandatory sentence for repeat serious child sex offence . . . . . .

183

Part 9C

Serious drug offences

Division 1

Interpretation

161F

Meaning of category A offence, category B offence and category C
offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
184

Division 2

Issue of serious drug offence certificates

161G

Issue of serious drug offence certificate . . . . . . . . . . . . . . . . . . .

184

161H

Content of serious drug offence certificate . . . . . . . . . . . . . . . . .

186

161I

Amendment of certificate by court to include related offence for which
offender is sentenced later . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
186

161J

Amendment of certificate by proper officer to correct minor error

161K

Amendment by proper officer, or cancellation, of certificate on quashingof conviction or appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
188

161L

Effect of amendment of certificate on date of issue . . . . . . . . . .

189

161M

Process for issuing or amending certificate . . . . . . . . . . . . . . . . .

189

Part 9D

Serious and organised crime

Division 1

Preliminary

161N

Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

161OMeaning of criminal organisation . . . . . . . . . . . . . . . . . . . . . . . . .

191

161P

Meaning of participant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

193

161Q

Meaning of serious organised crime circumstance of aggravation

194

Division 2

Term of imprisonment for particular offenders

161R

Court must impose term of imprisonment . . . . . . . . . . . . . . . . . .

187

190

194
Page 9Penalties and Sentences Act 1992
Contents
161S

Cooperation with law enforcement agencies . . . . . . . . . . . . . . . .

Division 3

Control orders

Subdivision 1

Making of orders

161T

Court may make control order whether or not conviction recorded orother order made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
197

161U

Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

197

161V

When court must make order . . . . . . . . . . . . . . . . . . . . . . . . . . .

199

161W

When court may make order—offender who was participant in criminalorganisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
200

161X

When court may make order—offender convicted of habitual consorting
200

161Y

When court may make order—offender convicted of contravening order
201

161Z

Control order to be explained . . . . . . . . . . . . . . . . . . . . . . . . . . .

201

161ZA

Offender subject to existing control order . . . . . . . . . . . . . . . . . .

202

161ZB

Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

202

161ZC

Effect if offender is detained on remand or imprisoned . . . . . . . .

203

Subdivision 2

Amendment and revocation of orders

161ZD

Application for amendment or revocation . . . . . . . . . . . . . . . . . .

203

161ZE

Court may amend order or remit application . . . . . . . . . . . . . . . .

205

161ZF

Court may revoke order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

205

161ZG

Order amending or revoking control order to be given to interested
persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
206

Subdivision 3

Restrictions on use of particular information

161ZH

Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subdivision 4

Enforcement

161ZI

Contravention of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

207

161ZJ

Initial power to search and seize particular things . . . . . . . . . . . .

210

161ZK

Things seized within the first 24 hours . . . . . . . . . . . . . . . . . . . .

211

161ZL

Police powers for preventing contravention of control order . . . .

212

161ZM

Authorised corrective services officer may give direction . . . . . .

213

161ZN

Proceeding after order no longer in force . . . . . . . . . . . . . . . . . .

213

161ZO

Charge must be heard and decided summarily on prosecution election
214

161ZP

Constitution of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . .

214

161ZQ

When Magistrates Court must abstain from jurisdiction . . . . . . .

214

161ZR

Charge may be heard and decided where defendant arrested or served
214

Page 10196

207

Penalties and Sentences Act 1992
Contents
161ZS

Time for prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

215

161ZT

Maximum penalty for offence dealt with summarily . . . . . . . . . . .

215

161ZU

Appeals against decision to decide charge summarily . . . . . . . .

215

Subdivision 5

Corresponding control orders

161ZV

Definitions for subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

216

161ZW

Regulation may prescribe orders . . . . . . . . . . . . . . . . . . . . . . . .

216

161ZX

Application for registration of order . . . . . . . . . . . . . . . . . . . . . . .

216

161ZY

Registration of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

217

161ZZ

Referral of order to court for adaptation or modification . . . . . . .

217

161ZZA

Action by the registrar and commissioner after registration of order 219

161ZZB

Effect of amended order if respondent not notified of amendment

219

161ZZC

Amendment or cancellation of registered order . . . . . . . . . . . . .

220

161ZZD

Operation of order not affected . . . . . . . . . . . . . . . . . . . . . . . . . .

221

Subdivision 6

Miscellaneous

161ZZE

Order not affected by appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 10

Indefinite sentences

221

162

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

221

163

Indefinite sentence—imposition . . . . . . . . . . . . . . . . . . . . . . . . .

222

164

Counsel for prosecution to inform court . . . . . . . . . . . . . . . . . . .

223

165

Attorney-General’s consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

223

166

Adjournment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

223

166A

Reports about offender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

224

166B

Distribution of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

224

166C

Use of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

225

167

Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

225

168

Court to give reasons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

226

169

Onus of proof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

226

170

Standard of proof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

226

171

Review—periodic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

226

172

Review—application by offender imprisoned . . . . . . . . . . . . . . .

228

172A

Distribution of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

228

172B

Disputed report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

229

172C

Review hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

229

172D

Court not to have regard to possible order under Dangerous Prisoners(Sexual Offenders) Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . .
229

173

Indefinite sentence discharged . . . . . . . . . . . . . . . . . . . . . . . . . .

230

Page 11

Penalties and Sentences Act 1992
Contents
174

Parole application if finite sentence imposed . . . . . . . . . . . . . . .

230

174A

When parole order must be made . . . . . . . . . . . . . . . . . . . . . . . .

231

174B

Provisions for parole orders under part . . . . . . . . . . . . . . . . . . . .

232

174C

Parole provisions on cancellation of parole order . . . . . . . . . . . .

233

176

Registrar of court to give report . . . . . . . . . . . . . . . . . . . . . . . . . .

233

177

Appeals—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

234

178

Appeals—Attorney-General . . . . . . . . . . . . . . . . . . . . . . . . . . . .

234

179

Hearings—offender to be present . . . . . . . . . . . . . . . . . . . . . . . .

235

Part 10A

Offender levy

179A

Purpose of pt 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

236

179C

Imposition of offender levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

236

179D

Subsequent sentences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

237

179E

Payment of offender levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

237

179F

Enforcement of offender levy by registration . . . . . . . . . . . . . . . .

238

179G

Amounts to be satisfied before satisfying offender levy . . . . . . .

239

179H

Effect of appeal against relevant convictions . . . . . . . . . . . . . . .

240Part 10B

Victim impact statements

179I

Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

240

179J

Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

241

179K

Giving details of impact of crime on victim during sentencing . . .

241

179L

Preparation of victim impact statement . . . . . . . . . . . . . . . . . . . .

242

179M

Reading aloud of victim impact statement during sentencing . . .

243

179N

Special arrangements for reading aloud of victim impact statement
during sentencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
243

Part 11

General180

Effect of alterations in sentences . . . . . . . . . . . . . . . . . . . . . . . .

245

180A

Meaning of certain sentence provisions . . . . . . . . . . . . . . . . . . .

245

181

Corporations entitled to aggrieved party payments . . . . . . . . . . .

246

181A

Corporations to be fined if imprisonment is the only penalty . . . .

246

181B

Corporation fines under penalty provision . . . . . . . . . . . . . . . . . .

246

181C

Corporation fines under provision authorising subordinate legislation
247

182

Enforcement of order for penalty for an offender dealt with on indictment
247

182A

Court may make order for default payment of penalty . . . . . . . .

248

183

Imprisonment unless penalty paid . . . . . . . . . . . . . . . . . . . . . . . .

249

184

Imprisonment unless act done . . . . . . . . . . . . . . . . . . . . . . . . . .

249

Page 12Penalties and Sentences Act 1992
Contents
185

Scale of imprisonment for non-payment of penalty . . . . . . . . . . .

250

185A

If offender does not pay penalty under s 182A or 185 . . . . . . . .

251

185B

Power of proper officer to postpone warrant . . . . . . . . . . . . . . . .

251

185C

Power of proper officer to recall warrant and issue new warrant on part
payment of penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
252

186

Reduction of imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

252

187

Disqualification from holding Queensland driver licence . . . . . . .

253

188

Court may reopen sentencing proceedings . . . . . . . . . . . . . . . . .

254

189

Outstanding offences may be taken into account in imposing sentence
256

190

Magistrates Court may release offender . . . . . . . . . . . . . . . . . . .

258

191

Effect of order under s 190 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

258

192

Magistrates Court to assess value of property . . . . . . . . . . . . . .

259

193

Payment of value or amount assessed under s 192 . . . . . . . . . .

259

194

Restoration of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

260

195

Passport orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

261

195A

Failure to perform community service in a satisfactory way . . . .

262

195B

Access to court files by representative of community justice group in
offender’s community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
263

195C

Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

264

195D

Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

264

196

Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

265

197

Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

265

Part 12

Queensland Sentencing Advisory Council

Division 1

Establishment and functions

198

Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

265

199

Functions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

265

200

Powers of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

266

Division 2

Membership

201

Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

266

202

Chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . . . .

268

203

Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

268

203A

Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

268

203B

Vacancy in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

269

203C

Council decision not invalidated by defect in appointment or vacancy
269

Division 3

Proceedings
Page 13

Penalties and Sentences Act 1992
Contents
203D

Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

270

203E

Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

270

203F

Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

270

203G

Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

270

203H

Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

271

Division 4

Other matters

203I

Council may engage persons to help in performing functions . . .

271

203J

Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

271

Part 13

Miscellaneous

204

General transitional provisions . . . . . . . . . . . . . . . . . . . . . . . . . .

272

205

Penalty Units Act 1985 references . . . . . . . . . . . . . . . . . . . . . . .

273

Part 14

Transitional provisions

Division 1

Transitional provisions before Criminal Law Amendment Act 2012206

Transitional provisions for Penalties and Sentences (Serious Violent
Offences) Amendment Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . .
273

207

Transitional provisions for State Penalties Enforcement Act 1999

273

208

Transitional provisions for Criminal Law Amendment Act 2000 .

274

209

Transitional provision for Penalties and Sentences (Non-contact Orders)Amendment Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
275

210

Transitional provisions for Criminal Law Amendment Act 2002 .

211

Transitional provision for the Sexual Offences (Protection of Children)
Amendment Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
276

212

Transitional provisions for the 2004 amendments—approved forms andserious violent offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
276

213

Transitional provision for s 157 (Eligibility for post-prison community
based release) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
277

214

Transitional provision for pt 9, div 3 . . . . . . . . . . . . . . . . . . . . . . .

278

215

Transitional provision for State Penalties Enforcement and Other
Legislation Amendment Act 2007 . . . . . . . . . . . . . . . . . . . . . . . .

278

275

216

Transitional provision for Criminal Code and Other Acts Amendment Act
2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
279

217

Transitional provision for Dangerous Prisoners (Sexual Offenders) and
Other Legislation Amendment Act 2010 . . . . . . . . . . . . . . . . . . .
279

218

Transitional provision for Civil and Criminal Jurisdiction Reform andModernisation Amendment Act 2010 . . . . . . . . . . . . . . . . . . . . .
280

219

Transitional provision for the Justice and Other Legislation Amendment
Act 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
280

220

Transitional provision for Liquor and Other Legislation Amendment Act
2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
280Page 14

Penalties and Sentences Act 1992
Contents
Division 2

Transitional provisions for Criminal Law Amendment Act 2012221

Transitional provision for s 171 . . . . . . . . . . . . . . . . . . . . . . . . . .

Division 3

Transitional provision for Criminal Law (Two Strike Child Sex
Offenders) Amendment Act 2012

223

Transitional provision for s 161E . . . . . . . . . . . . . . . . . . . . . . . . .

Division 4

Transitional provisions for Penalties and Sentences and Other
Legislation Amendment Act 2012

281

282

224

Retrospective application of s 179C in particular circumstances

Division 5

Transitional provision for Criminal Proceeds Confiscation(Unexplained Wealth and Serious Drug Offender Confiscation
Order) Amendment Act 2013

282

226

Retrospective application of pt 9C in particular circumstances . .

Division 6

Transitional provisions for expiry of Drug Court Act 2000

227

Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

283

228

Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

283

283

229

Continuation of warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

284

230

Dealing with offences after enforcement of warrant . . . . . . . . . .

284

231

Sentencing an offender after enforcement of warrant . . . . . . . . .

285

Division 7

Transitional provision for Justice and Other Legislation
Amendment Act 2013

232

Transitional provision for sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . .

Division 8

Transitional provision for Criminal Law (Criminal Organisations
Disruption) and Other Legislation Amendment Act 2013

233

Application of amended s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . .

Division 9

Transitional provision for Youth Justice and Other Legislation
Amendment Act 2014

286

286

234

Sentencing guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Division 10

Transitional provisions for Criminal Law Amendment Act 2014

286

235

Application of s 13B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Division 11

Transitional provisions for Safe Night Out Legislation Amendment
Act 2014

236

Sentencing guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

287

237

Banning orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

287

238

Community service orders required under s 108B . . . . . . . . . . .

288

Division 12

Transitional provision for Tackling Alcohol-Fuelled Violence
Legislation Amendment Act 2016

239

Imposition of DAAR condition . . . . . . . . . . . . . . . . . . . . . . . . . . .

Division 13

Transitional provision for Criminal Law (Domestic Violence)
Amendment Act 2016

287

288

Page 15

Penalties and Sentences Act 1992
Contents
240

Sentencing submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Division 14

Transitional provision for Youth Justice and Other Legislation
Amendment Act (No. 1) 2016

288

241

Sentencing guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Division 15

Transitional provision for Health and Other Legislation Amendment
Act 2016

289

242

Offence of a sexual nature taken to include references to Criminal Code,ss 208 and 209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
289

Division 16

Transitional provisions for Serious and Organised Crime
Legislation Amendment Act 2016

Subdivision 1

Transitional provisions for repeal of Vicious Lawless Association
Disestablishment Act 2013

243

Definitions for subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

290

244

Application of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

290

245

Application to Supreme Court to reopen sentencing proceedings

290

246

Supreme Court may reopen sentencing proceedings . . . . . . . . .

291

247

Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

292

248

No cause of action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

292

Subdivision 2

Other transitional provisions

249

Making of control order for offender convicted of committing indictableoffence before commencement . . . . . . . . . . . . . . . . . . . . . . . . . .
293

250

Application of amended s 187 . . . . . . . . . . . . . . . . . . . . . . . . . . .

293

251

Application of s 161Q to particular prescribed offences . . . . . . .

293

Division 17

Transitional provision for Criminal Law Amendment Act 2017

252

Warrant for arrest of offender failing to enter into recognisance underorder made before commencement . . . . . . . . . . . . . . . . . . . . . .
294

Division 18

Transitional provision for Victims of Crime Assistance and Other
Legislation Amendment Act 2017

253

Victim impact statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Division 19

Transitional provision for Liquor and Other Legislation Amendment
Act 2017

294

254

Banning orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

295

Schedule 1

Serious violent offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

296

Schedule 1A

Serious child sex offences . . . . . . . . . . . . . . . . . . . . . . . . . . . .

300

Schedule 1B

Serious drug offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

302

Schedule 1C

Prescribed offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

304

Schedule 2

Qualifying offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

309

Page 16

Penalties and Sentences Act 1992
Part 1 Preliminary[s 1]

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 sentencePreamble

1

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

2

The 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 toprevent 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.

Part 11Preliminary

Short title

This Act may be cited as the Penalties and Sentences Act
1992.
3

Purposes

The purposes of this Act include—(a)collecting into a single Act general powers of courts tosentence offenders; and(b)providing for a sufficient range of sentences for theappropriate punishment and rehabilitation of offenders,
and, in appropriate circumstances, ensuring that

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 17

Penalties and Sentences Act 1992
Part 1 Preliminary[s 4]

protection of the Queensland community is a paramountconsideration; 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 ofoffenders; and(e)providing fair procedures—(i)for imposing sentences; and(ii) for dealing with offenders who contravene theconditions of their sentence; and4(f)providing sentencing principles that are to be applied bycourts; and(g)making provision so that offenders are not imprisoned
for non-payment of fines without the opportunity ofobtaining 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.

Definitions

In this Act—approved form means a form approved by the chief executive
for the relevant purpose.
approved provider, for part 3, division 1, see section 15F.
attend, for part 3, division 1, see section 15B.
Attorney-General, for part 2A, see section 15AA.
authorised corrective services officer see section 4A.

Page 18

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 1 Preliminary[s 4]

authorised officer, for part 9C, means the director of publicprosecutions, a deputy director of public prosecutions, or alawyer appointed to assist the director of public prosecutionsin the performance of the functions of the director of publicprosecutions under part 9C.
banning order, for part 3B, see section 43I.
benefit, for part 9D, see section 161N.
board guidelines means guidelines under the Corrective
Services Act 2006, section 242E.
category A offence see section 161F.
category B offence see section 161F.
category C offence see section 161F.
chief executive officer of Legal Aid Queensland, for part 2A,
see section 15AA.
commissioner, for part 9D, see section 161N.
community based order means any community service order,
graffiti removal order, intensive correction order or probation
order.
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 involvedin 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; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 19

Penalties and Sentences Act 1992
Part 1 Preliminary
[s 4]

(c)

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

community service has the same meaning as in the Corrective
Services Act 2006.
community service order means a community service order inforce under part 5, division 2.
control order, for part 9D, see section 161N.
conviction means a finding of guilt, or the acceptance of aplea of guilty, by a court.
corrective services facility see the Corrective Services Act
2006, schedule 4.
corresponding control order, for part 9D, see section 161N.
council means the Queensland Sentencing Advisory Council
established under section 198.
court—(a)for part 2A—see section 15AA; or(b)for part 9D, division 3, subdivision 5—see section
161ZV.

criminal organisation see section 161O.
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.

current parole eligibility date, for part 9, division 3, seesection 160.
current parole release date, for part 9, division 3, see section
160.
DAAR condition, for part 3, division 1, see section 19(2B).
dangerous prisoners application means an application under
the Dangerous Prisoners (Sexual Offenders) Act 2003 for a
Page 20

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 1 Preliminary[s 4]

continuing detention order, interim detention
supervision order or interim supervision order.

order,

director of public prosecutions, for part 2A, see section
15AA.
disqualifying offence, for part 3, division 1, see section 15E.
domestic violence offence see the Criminal Code, section 1.
drug assessment and education session, for part 3, division 1,
see section 15B.
drug diversion condition, for part 3, division 1, seesection 19(2A).
drug diversion court, for part 3, division 1, see section 15B.
eligible drug offence, for part 3, division 1, see section 15D.
eligible drug offender, for part 3, division 1, see section 15C.
fine, for part 4, division 2, see section 52.
fine option order means a fine option order made under part
4, division 2.
finite sentence, for part 10, see section 173(1)(b).
finite term, for a provision about a finite sentence, means theterm of the sentence.
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).

graffiti removal order means a graffiti removal order in force
under part 5A.
graffiti removal service means—(a)the removal of graffiti; or(b)work related or incidental to the work mentioned inparagraph (a); or

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 21

Penalties and Sentences Act 1992
Part 1 Preliminary
[s 4]

(c)

other work related to or incidental to the clean up of
public places whether or not it relates to the removal ofgraffiti.

guideline judgment means a judgment that—(a)is declared to be a guideline judgment by the Court ofAppeal; and(b)contains guidelines to be taken into account by courts insentencing 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.
guideline judgment for an offence under a Commonwealth
Act, for part 2A, see section 15AA.
guideline proceeding, for part 2A, see section 15AA.
harm, for part 10B, see section 179I.
honorary member, of an organisation, for part 9D, see section
161N.
impose, a term of imprisonment on an offender for an offence,for part 9, division 3, see section 160.
indefinite sentence, for part 10, see section 162.
intensive correction order means an intensive correction
order in force under part 6.
licence, for part 3B, see section 43G.
licensed premises, for part 3B, see section 43G.
licensee, for part 3B, see section 43G.
major criminal offence see section 161S(5).
most serious related offence see section 161G.
Page 22

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 1 Preliminary[s 4]

nominal sentence, for part 10, see section 162.
non-contact order means a non-contact order in force underpart 3A.
offender means a person who is convicted of an offence,
whether or not a conviction is recorded.
offender levy see section 179C.
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.

office holder, of an organisation, for part 9D, see section
161N.
operational period, of a term of imprisonment suspended
under section 144(1), means the period stated under
section 144(5) in relation to the term.
original order—(a)for part 3, division 3AA—see section 33AA(a); or(b)

for part 4, division 2—see section 52.

parole means parole under a parole order granted under the
Corrective Services Act 2006.
parole eligibility date, for an offender, for part 9, division 3,
see section 160.
parole release date, for an offender, for part 9, division 3, seesection 160.
participant, in a criminal organisation, see section 161P.
penalty includes any fine, compensation, restitution or otheramount of money but does not include an offender levy.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 23

Penalties and Sentences Act 1992
Part 1 Preliminary[s 4]

period of imprisonment means the unbroken duration of
imprisonment that an offender is to serve for 2 or more termsof 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.
police banning notice, for part 3B, see section 43G.
prescribed offence—(a)for part 5, division 2, subdivision 2—see section 108A;or(b)for part 9D—see section 161N.

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

proper officer of the court, for an offender levy, for part 10A,
see section 179B.
property includes electricity.
prosecutor, for section 12A and parts 3A, 3B and 9D,means—

Page 24(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.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 1 Preliminary[s 4]prospective member, of an organisation, for part 9D, seesection 161N.
public place—(a)for part 3B, see section 43G; or(b)for part 5, division 2, subdivision 2, see section 108A.

qualifying offence, for part 10, see section 162.
Queensland board means the Parole Board Queensland
established under the Corrective Services Act 2006.
Queensland driver licence see the Transport Operations(Road Use Management) Act 1995, schedule 4.
registered corresponding control order, for part 9D, seesection 161N.
registrar, for part 9D, division 3, subdivision 5, see section
161ZV.
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.
related offences see section 161G.
remove, in relation to graffiti, includes the following—(a)repair;(b)conceal;(c)cover;(d)attempt to remove.

Example—painting over graffiti

respondent, for part 9D, division 3, subdivision 5, see section
161ZY(1)(b).
review, a guideline judgment, for part 2A, see section 15AA.
senior police officer, for part 9D, see section 161N.
sentence—
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 25

Penalties and Sentences Act 1992
Part 1 Preliminary
[s 4]

(a)

means a penalty or imprisonment ordered to be paid orserved, or another order made, by a court after an
offender is convicted, whether or not a conviction isrecorded; and(b)for part 10A—includes an order made by a court to deal
with the offender for an offence instead of passing
sentence.

serious child sex offence see section 161D.
serious criminal activity, for part 9D, see section 161N.
serious drug offence means a category A offence, category B
offence or category C offence.
serious drug offence certificate see section 161G.
serious harm means any detrimental effect of a serious nature
on a person’s emotional, physical or psychological wellbeing,whether temporary or permanent.
serious organised crime circumstance of aggravation see
section 161Q.
serious violent offence means a serious violent offence of
which an offender is convicted under section 161A.
sexual offence, for part 9, division 3, see section 160.
SPE Act means the State Penalties Enforcement Act 1999.
SPER means the State Penalties Enforcement Registry
established under the SPE Act.
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 toserve—(i)for default in payment of a single fine; or(ii) for failing to comply with a single order of a court;
andPage 26

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 1 Preliminary[s 4A](b)

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

unpaid service means—(a)community service required to be performed under acommunity service order; or(b)graffiti removal service required to be performed undera graffiti removal order.

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.

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.

victim, for part 10B, see section 179I.
victim impact statement, for part 10B, see section 179I.
4A

Meaning 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 underthat Act, section 272; and(b)

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

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 27

Penalties and Sentences Act 1992
Part 1 Preliminary[s 5](2) In this section—
chief executive (corrective services) does not include an
engaged service provider under the Corrective Services Act
2006.
5

Meaning 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 governmentprescribed 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 whichparagraph (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.
Page 28

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 1 Preliminary[s 5A](2A) However, if the monetary value of the penalty obtained undersubsection (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 amonetary value, the number of penalty units is to be
calculated by dividing the monetary value by the value of apenalty 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 fineof 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.
5A

Prescribed value of particular penalty unit

(1) A regulation may prescribe the same monetary value of apenalty unit for section 5(1)(a)(i), (c)(i) and (e)(i).
(2) The amount prescribed must not be more than the amount lastprescribed under this section increased by—(a)if, on or before 31 March in a year in which theregulation is made, the Treasurer publishes in thegazette a percentage change to the amount lastprescribed—that percentage; or(b)otherwise—3.5%.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 29

Penalties and Sentences Act 1992
Part 1 Preliminary[s 6]

Examples—1

On 31 March 2015, the Treasurer publishes a 3% change in thevalue 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.

2

The Treasurer has not, on or before 31 March 2015, published apercentage change in the value of a penalty unit. On 30 June 2015,
the amount of the penalty unit is $115. The amount prescribed byregulation 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 thenearest 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 fora financial year.
6

Application to children and certain courts

This Act does not apply to—(a)a child within the meaning of the Youth Justice Act
1992; or(b)a Childrens Court;

except to the extent allowed by the Youth Justice Act 1992.
7

Sentences 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.
8

Construction 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 themeaning of section 52 includes—
Page 30

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 1 Preliminary[s 8A](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 sittingsof 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 theorder in the first place.
8A

Delegation 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.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 31

Penalties and Sentences Act 1992
Part 2 Governing principles[s 9]Part 2
9

Governing principles

Sentencing 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 justin 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 thecourt, denounces the sort of conduct in which theoffender 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 thecommunity is preferable; and(b)the maximum and any minimum penalty prescribed forthe offence; and(c)the nature of the offence and how serious the offence
was, including—(i)Page 32

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; andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 2 Governing principles[s 9](ii) the effect of the offence on any child under 16
years who may have been directly exposed to, or awitness to, the offence; and(d)the extent to which the offender is to blame for theoffence; and(e)any damage, injury or loss caused by the offender; and(f)the offender’s character, age and intellectual capacity;
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(h)the prevalence of the offence; and(i)how much assistance the offender gave to law
enforcement agencies in the investigation of the offenceor 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 inanother State or a Territory for an offence committed at,
or about the same time, as the offence with which thecourt is dealing; and(l)sentences already imposed on the offender that have notbeen 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 basedorder—the offender’s compliance with the order as

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 33

Penalties and Sentences Act 1992
Part 2 Governing principles[s 9]

disclosed in an oral or written report given by anauthorised corrective services officer; and(o)if the offender is on bail and is required under theoffender’s undertaking to attend a rehabilitation,
treatment or other intervention program or course—the
offender’s successful completion of the program orcourse; 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’scommunity that are relevant to sentencing the offender,
including, for example—(i)the offender’s relationship to the offender’scommunity; or(ii) any cultural considerations; or(iii) any considerations relating to programs andservices established for offenders in which thecommunity justice group participates; 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 theuse of, or attempting or conspiring to use, violenceagainst 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—

Page 34(a)the risk of physical harm to any members of thecommunity if a custodial sentence were not imposed;(b)the need to protect any members of the community fromthat risk;
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 2 Governing principles
[s 9]

(c)

the personal circumstances of any victim of the offence;(d)the circumstances of the offence, including the death ofor any injury to a member of the public or any loss ordamage 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 ofany 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 reportin relation to the offender;(k)anything else about the safety of members of thecommunity 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—(a)the principles mentioned in subsection (2)(a) do not
apply; and(b)the offender must serve an actual term of imprisonment,
unless there are exceptional circumstances.

(5) For subsection (4)(b), in deciding whether there are
exceptional circumstances, a court may have regard to thecloseness in age between the offender and the child.
(6) In sentencing an offender to whom subsection (4) applies, thecourt must have regard primarily to—(a)the effect of the offence on the child; and(b)the age of the child; andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 35

Penalties and Sentences Act 1992
Part 2 Governing principles
[s 9]

(c)

the nature of the offence, including, for example, any
physical harm or the threat of physical harm to the childor another; and(d)the need to protect the child, or other children, from therisk of the offender reoffending; and(e)the need to deter similar behaviour by other offenders toprotect children; and(f)the prospects of rehabilitation including the availabilityof any medical or psychiatric treatment to cause theoffender to behave in a way acceptable to thecommunity; and(g)the offender’s antecedents, age and character; and(h)any remorse or lack of remorse of the offender; and(i)any medical, psychiatric, prison or other relevant report
relating to the offender; and(j)anything else about the safety of children under 16 thesentencing court considers relevant.

(6A) Also, the principles mentioned in subsection (2)(a) do not
apply to the sentencing of an offender for the following
offences—(a)an offence against the Classification of Computer
Games and Images Act 1995, section 28 if theobjectionable computer game is a child abuse computer
game under the Act;(b)

an offence against any of the following provisions of theClassification of Films Act 1991—(i)

section 41(3) or 42(3) or (4);(ii) section 43 if the offence involves a child abuse film
under the Act;(c)an offence against any of the following provisions of theClassification of Publications Act 1991
(i)Page 36

section 14;

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 2 Governing principles[s 9](ii) section 12, 13, 15, 16 or 17 if the offence involvesa child abuse publication under the Act;(d)an offence against the Criminal Code, section 228A,
228B, 228C, 228D, 228DA, 228DB or 228DC.

(7) In sentencing an offender to whom subsection (6A) applies,
the court must have regard primarily to—(a)the nature of any image of a child that the offence
involved, including the apparent age of the child and theactivity shown; and(b)the need to deter similar behaviour by other offenders toprotect children; and(c)the prospects of rehabilitation including the availabilityof any medical or psychiatric treatment to cause theoffender to behave in a way acceptable to thecommunity; 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 thesentencing court considers relevant.

(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),representative must advise the court whether—

the

(a)

any member of the community justice group that is
responsible for the submission is related to the offenderor the victim; or(b)there are any circumstances that give rise to a conflict ofinterest between any member of the community justicegroup that is responsible for the submission and theoffender or victim.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 37

Penalties and Sentences Act 1992
Part 2 Governing principles[s 9](9) In sentencing an offender, a court must not have regard to thefollowing—(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 adangerous prisoners application.
(9A) Voluntary intoxication of an offender by alcohol or drugs is
not a mitigating factor for a court to have regard to insentencing the offender.
(10) In determining the appropriate sentence for an offender who
has 1 or more previous convictions, the court must treat eachprevious 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 tothe current offence; and(b)the time that has elapsed since the conviction.

(10A) In determining the appropriate sentence for an offenderconvicted 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 becauseof the exceptional circumstances of the case.
Examples of exceptional circumstances—1

the victim of the offence has previously committed an act ofserious domestic violence, or several acts of domestic violence,
against the offender2

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

(11) Despite subsection (10), the sentence imposed must not bedisproportionate 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.
Page 38

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 2 Governing principles[s 10]

10

Court’s reasons to be stated and recorded(1) If a court imposes a sentence of imprisonment, including asuspended 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 theregistry with the indictment; or(ii) recorded in writing and kept in the office of theclerk of the court with the charge sheet; and(c)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 thecourt to state its reasons as required by subsection (1)(a), but
its failure to do so may be considered by an appeal court if anappeal against sentence is made.
11

Matters to be considered in determining offender’scharacterIn determining the character of an offender, a court may
consider—12(a)the number, seriousness, date, relevance and nature ofany previous convictions of the offender; and(b)

any significant contributions made to the community by
the offender; and(c)such other matters as the court considers are relevant.

Court to consider whether or not to record conviction(1) A court may exercise a discretion to record or not record aconviction 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; andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 39

Penalties and Sentences Act 1992
Part 2 Governing principles[s 12](b)the offender’s character and age; and(c)the impact that recording a conviction will have on theoffender’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 theoffender 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 arecord kept by a department, a prosecuting authority or theoffender’s legal representative if it is necessary for thelegitimate 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 theconviction; 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 ofsentence; and(iii) proceedings against the offender for a subsequent
offence; andPage 40

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 2 Governing principles[s 12A](iv) subsequent proceedings against the offender forthe same offence.
(5) If the offender is convicted of a subsequent offence, the court
sentencing the offender may disregard a conviction that wasordered not to be recorded but which, undersubsection (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 thesame offence in any way in which it could deal with theoffender 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 torecord the conviction for the offence if—

12A

(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 thesame 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.

Convictions for offences relating to domestic violence(1) Subsections (2) to (4) apply if—

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 41

Penalties and Sentences Act 1992
Part 2 Governing principles[s 12A](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 mustalso be recorded as a conviction for a domestic violence
offence.
(3) If no conviction is recorded in relation to the offence, theoffence must be entered in the offender’s criminal history as adomestic violence offence.
(4) However, a matter must not be recorded or entered undersubsection (2) or (3) in relation to the offence if the court
makes an order to the effect it is not satisfied the offence isalso a domestic violence offence.
Note—
See the Evidence Act 1977, section 132C, which provides for thesentencing judge or magistrate in any sentencing procedure in acriminal proceeding to act on allegations of fact.

(5) If a court convicts an offender of an offence for which amatter 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 thecourt 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 wasrecorded—also be recorded as a conviction for adomestic violence offence; or(b)otherwise—be entered in the offender’s criminal history
as a domestic violence offence.

(6) The application—

Page 42(a)

may be made in writing or orally; and(b)must include enough information to allow the court tomake a decision about whether it is appropriate to makethe order.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 2 Governing principles[s 13](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 aprevious offence is a domestic violence offence, the court
must order that the offence—(a)for a previous offence for which a conviction wasrecorded—also be recorded as a conviction for adomestic 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 wascommitted 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’straffic history under the Transport Operations (Road Use
Management) Act 1995.
13

Guilty 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; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 43

Penalties and Sentences Act 1992
Part 2 Governing principles[s 13A](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 thesentence imposed.
(4) A court that does not, under subsection (2), reduce thesentence imposed on an offender who pleaded guilty muststate 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 thecourt to make the statement mentioned in subsection (4), but
its failure to do so may be considered by an appeal court if anappeal against sentence is made.
13A

Cooperation 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 thesentencing court because the offender has undertaken tocooperate with law enforcement agencies in a proceedingabout an offence, including a confiscation proceeding.
(2) Before the sentencing proceeding starts, a party to theproceeding—(a)must advise the relevant officer—(i)that the offender has undertaken to cooperate withlaw enforcement agencies; and(ii) that written or oral submissions or evidence will bemade 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—

Page 44

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 2 Governing principles[s 13A](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 tothe sentencing judge or magistrate.
(5) If oral submissions are to be made to, or evidence is to bebrought 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 ormagistrate must—(a)close the court; and(b)state in closed court—(i)that the sentence is being reduced under thissection; 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 orderof the court, including on an application to reopen thesentencing proceedings under section 188(2)—(i)

the written undertaking;(ii) a record of evidence or submissions made relevantto the reduction of sentence and the sentencing
remarks made under paragraph (b).
(8) The sentencing judge or magistrate may make an orderprohibiting publication of all or part of the proceeding or thename 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—Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 45

Penalties and Sentences Act 1992
Part 2 Governing principles[s 13B](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—

13B

(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.

Cooperation 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 alaw enforcement agency in its investigations about anoffence 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 theproceeding—Page 46

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 2 Governing principles[s 13B](a)must advise the relevant officer—(i)that the offender has significantly cooperated witha law enforcement agency; and(ii) that written or oral submissions or evidence will bemade 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 bebrought 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 ormagistrate must cause the following to be sealed and placedon the court file with an order that it may be opened only byan order of the court—(a)the affidavit;(b)a record of evidence or submissions made relevant to the
reduction of sentence;

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 47

Penalties and Sentences Act 1992
Part 2 Governing principles[s 14](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 orderprohibiting publication of all or part of the proceeding or thename 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—

14

(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.

Preference must be given to compensation for victims

If a court considers—(a)that it is appropriate—(i)Page 48

to make an order for compensation (whether under
this or another Act); andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 2 Governing principles[s 15](ii) to impose a fine or make another order for paymentof an amount of money; and(b)that the offender can not pay both the compensation andthe fine or amount;the court must give preference to making an order forcompensation, but may also impose a sentence other than thatof imprisonment.
15

Information 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 sentenceon an offender, a court may receive any information, or asentencing 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 offenderunder part 9D, division 3; or(b)the appropriate conditions of a control order it must, ormay, 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 orcommunity based order should not be made for an offender
merely because of—(a)any physical, intellectual or psychiatric disability of theoffender; 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.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 49

Penalties and Sentences Act 1992
Part 2 Governing principles[s 15A]

15A

Audiovisual 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 anaudiovisual link or audio link, if the court considers use of thelink is in the interests of justice.
(2) However, the court may not make an order undersubsection (1) if facilities mentioned in subsection (5)(a) are
not available at the court or the place where the offender ispresent.
(3) For subsection (1), in deciding whether use of an audio link isin the interests of justice, the court must have regard to thedesirability 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 istaken 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
availablefor
privatecommunication between the offender and the offender’srepresentative; and(b)a communication between the offender and theoffender’s representative is as confidential andinadmissible in any proceeding as it would be if it took
place between the offender and the offender’srepresentative 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).

Page 50

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 2A Guideline judgments[s 15AA]

Part 2A

Guideline judgments

15AA Definitions for pt 2A

In this part—
Attorney-General
Attorney-General.

includesthenomineeofthechief executive officer of Legal Aid Queensland includes thenominee of the chief executive officer of Legal Aid
Queensland.
court means the Court of Appeal.
director of public prosecutions includes the nominee of thedirector of public prosecutions.
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.

15AB Powers 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; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 51

Penalties and Sentences Act 1992
Part 2A Guideline judgments[s 15AC](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 aproceeding where the guideline judgment relates to amatter in the proceeding; and(b)the court must comply with section 15AC.

15AC Limitations 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 ruleof binding effect; and(c)articulate principles to underpin the determination of aparticular sentence and not state the expected decisions
in a future proceeding.

15AD Guideline judgments on own initiative(1) The court may, on its own initiative—

Page 52(a)give or review a guideline judgment, other than aguideline 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.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 2A Guideline judgments[s 15AE](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.

15AE Guideline 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 theextent it contains a guideline that is relevant in thecircumstances.
(4) The application may include submissions in support of theapplication.
(5) The court may, on an application under this section—(a)give or review a guideline judgment, other than aguideline judgment for an offence under a
Commonwealth Act, whether or not this is necessary forthe 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—

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 53

Penalties and Sentences Act 1992
Part 2A Guideline judgments[s 15AF](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.

15AF Right of appearance in a guideline proceeding(1) The following
proceeding—personsmayappearinaguideline(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, theconvicted 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 theguideline judgment by the court; and(b)make submissions in relation to the framing of theguidelines 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.

15AG Powers of Attorney-General or director of publicprosecutions(1) Nothing in the Director of Public Prosecutions Act 1984 or
any Act or law prevents, or in any way limits, the exercise of aPage 54

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 2A Guideline judgments[s 15AH]

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 thissection, 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, theperformance of a function conferred on the Attorney-General
under section 15AE or 15AF.
15AH Relevant considerations before giving or reviewing
guideline judgment

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

15AI

(a)

the need to promote consistency of approach insentencing offenders; and(b)the need to promote public confidence in the criminal
justice system.

Procedural requirements if court decides to give orreview 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 theguideline proceeding—(i)the Attorney-General;(ii) the director of public prosecutions;(iii) the chief executive
Queensland; andofficerCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

of

Legal

Aid

Page 55

Penalties and Sentences Act 1992
Part 2A Guideline judgments[s 15AJ](b)

if the court is giving or reviewing a guideline judgment
relevant to an appeal before the court against thesentence of a convicted person—notify the convictedperson.

15AJ Discretion of court preserved(1) Nothing in this part—(a)limits any power or jurisdiction of the court to give orreview a judgment providing guidance on mattersrelating to sentencing that the court has apart from thispart; 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.
15AK Use of evidence in giving or reviewing guideline
judgments

Nothing in the Criminal Code, section 671B limits theevidence or other matters the court may take into
consideration in giving or reviewing a guideline judgment andthe 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

15AL Relationship between guideline judgments and othersentencing matters

A guideline in a guideline judgment—

Page 56(a)is additional to anything else required under part 2; and(b)does not limit or otherwise affect any requirement underthat part.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 15B]

Part 3

Releases, restitution andcompensation

Division 1

Orders to release certain offenders

Subdivision 1

Interpretation

15B

Definitions 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).
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.
drug diversion condition see section 19(2A).
drug diversion court means a court prescribed under aregulation for this definition.
eligible drug offence see section 15D.
eligible drug offender see section 15C.
15C

Meaning 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—

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 57

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 15C](a)a charge against the person for a disqualifying offence ispending in a court; or(b)the person has, at any time, been convicted of adisqualifying 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 therehabilitation 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 under the
Police Powers and Responsibilities Act 2000,
section 379 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.
Page 58

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 15D]prescribed diversion alternative means circumstancesprescribed 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.
15D

Meaning 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 adangerous drug if—(i)each dangerous drug mentioned in the charge forthe 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 thedangerous drug; andExample—Assume the charge mentioned prescribed drugs X and Y.
The prescribed quantity in relation to X is 1.0g and theprescribed 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
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 59

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 15E]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 ofeach thing mentioned in the charge was related to its
personal use by the person in connection with thecommission 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 drugprescribed under a regulation for this definition.
prescribed quantity means a quantity prescribed under aregulation for this definition.
15E

Meaning of disqualifying offence(1) A disqualifying offence is—Page 60(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, orto be dealt with, summarily; or(c)an indictable offence involving violence against anotherperson, other than an offence charged under any of thefollowing provisions of the Criminal Code—•section 335•

section 340(1)(a), but only if the offence is theassault of another with intent to resist or preventthe lawful arrest or detention of the person or of
any other person
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 15F]•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 werecommitted in Queensland.

(2) A reference to a provision in subsection (1) or (4) includes areference 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 withsummarily.
(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.
15F

Meaning 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 thedepartment within which the Health Act 1937 is administered.

Subdivision 2
16

OrdersCourt may make order under this division if it does notrecord conviction

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

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 61Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 17]

17

Making 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 anorder under section 19(1)(b) that includes a drug diversion
condition if the matters mentioned in section 19(2A)(b) and(c) are satisfied.
18

Matters to which court must have regard

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

19

(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 wascommitted that make the offence less serious than what
it would be if it had been committed under othercircumstances; and(d)anything else to which the court considers it proper tohave regard.

Order 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 amountas the court considers appropriate, on the conditions thatthe 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.
Page 62

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 20](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 offenderconsents 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 offenderbeen 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 BailAct 1980, section 11AB(6), definition DAAR.

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, thecourt may—(a)forfeit the recognisance; and(b)issue a warrant directed to all police officers to arrestand bring the offender before the court.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 63

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 21](1A) Also, without limiting subsection (1), if the offender
contravenes a relevant condition of the offender’srecognisance, the proper officer of the court may bring theoffender back before the court by giving notice to the offenderthat 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 noticegiven under subsection (1A), the court may—(a)record a conviction and sentence the offender for theoffence 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—

21

(a)

a drug diversion condition; or(b)a DAAR condition.

Termination 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.

Page 64

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 22]

Division 2

22

Recognisances for property related
offences

Court may make order under this division if it does notrecord conviction

Subject to section 27(2), if a court acts under this division, it
must not record a conviction.
23

When 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.
24

Adjournment and release of offender if recognisanceentered into

(1) A court may—(a)adjourn the sentencing of the offender to a time andplace ordered by the court; and(b)release the offender if the offender enters into a
recognisance, with or without sureties, in such amountas the court considers appropriate, on the condition thatthe 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 forthe purposes of section 25.
(2) The adjournment under subsection (1)(a) must not be longer
than 6 months after the offender is convicted.
25

Offender may be called on to do certain things

The offender may be called on with a view to the offendertaking steps to—
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 65

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 26]

26(a)restore property, to which the offence relates, to theperson 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 fordamage caused to the person’s property; or(d)comply in all respects with any other order the court
may make.

Offender 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 becalled 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 towhether the offender has taken the steps mentioned in
section 25 that are appropriate to the offender’s case.
27

Offender failing to appear under recognisance or whencalled(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—

Page 66(c)forfeit the recognisance; and(d)issue a warrant directed to all police officers to arrestand bring the offender before the court.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 28](2) When the offender appears before the court that issued thewarrant under subsection (1)(d), the court may—(a)record a conviction and sentence the offender for theoffence 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.
28

Termination of recognisance

A recognisance entered into under this division is terminatedif 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.

Division 3

29

Release on entering into
recognisance

Court may act under this division whether or not itrecords conviction

A court may act under this division whether or not it records aconviction.
30

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

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 67

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 31]

keep the peace and be of good behaviour for a period
fixed by the court; and(b)

to be imprisoned until the recognisance mentioned inparagraph (a) is entered into.

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

31

(a)

must not be longer than 1 year; and(b)together with any other imprisonment that is ordered forthe offence, must not be longer than the longest term of
imprisonment for which the offender might besentenced to be imprisoned without fine.

Recognisance—summary conviction

An offender convicted summarily may, instead of being
sentenced to punishment to which the offender is liable, bereleased if the offender enters into a recognisance, with orwithout sureties, in such amount as the court considers
appropriate, on the conditions that the offender keep the peaceand be of good behaviour for a period (not longer than 1 year)
fixed by the court.
32

Recognisance 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 theoffender if the offender enters into a recognisance, with orwithout sureties, in such amount as the court considers
appropriate, on the conditions that—(a)the offender must appear before the court to besentenced at a future sittings of the court or if called onwithin a period stated by the court; and(b)the offender must in the meantime keep the peace and beof good behaviour.

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

Page 68

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 33]

33

Termination of recognisance

A recognisance entered into under this division is
terminated—

33A

(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 bysection 32(1)(a).

Failing 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 therecognisance and issue a warrant to arrest the offender.
(2) The warrant is to be directed to all police officers to arrest andbring the offender before the court or a court of likejurisdiction.
(3) The court before which the offender is brought may—(a)sentence the offender for the offence with which theoffender was originally charged; or(b)make another order that the court could lawfully havemade if the offender had not been released onrecognisance.

Division 3AA

Offenders failing to enter into
recognisances before leaving court

33AA Application of divisionThis 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 theCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 69

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 33AB]

offender enters into a recognisance (the original order);and(b)the offender leaves the precincts of the court without
entering into the recognisance.

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 theregistry of the court at a stated place to enter into therecognisance; 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 tobe 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 theproper officer of the court; or(c)electronically, including, for example, by email.

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 toarrest the offender and bring the offender before the court, or a
court of like jurisdiction, to be dealt with according to law.

Page 70

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 33AD]

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 withthe bail.

(2) The court may—(a)confirm the original order; or(b)revoke the original order and sentence the offender forthe offence with which the offender was originallycharged.

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

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 71

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 33AF](2) The court may, in the absence of the offender, revoke theoriginal order and sentence the offender for the offence withwhich the offender was originally charged.
(3) If the court revokes the original order under subsection (2) anda conviction has not previously been recorded for the offence
mentioned in that subsection, the court may also record aconviction 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 orother authority held by the offender under any Act becancelled or suspended; or(c)order that the offender be disqualified from holding or
obtaining any licence, registration, certificate, permit orother authority under any Act.

33AF Evidentiary provision(1) For section 33AC(1)(a), a document purporting to be a copyof a notice given to the offender under section 33AB andendorsed with a certificate purporting to be signed by arelevant officer stating the matters mentioned in subsection (2)is evidence—(a)that the notice was given to the offender as stated in thecertificate; 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—Page 72(a)the document is a copy of a notice given to the offenderunder section 33AB; and(b)the notice was given to the offender in a stated way
mentioned in section 33AB(2); andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 33B](c)

if the notice was given to the offender in a way
mentioned in section 33AB(2)(a) or (c)—the date thenotice 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 theoffender last known to the proper officer of thecourt; and(ii) in the ordinary course of post, the notice would bedelivered on the date stated in the endorsement.
(3) For section 33AC(1)(b), a certificate purporting to be signedby 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 thenotice.
(4) In this section—
relevant officer, in relation to a notice given to an offenderunder 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.

Division 3A

33B

Provisions relating to forfeitedrecognisances

Order for payment of amount under forfeitedrecognisance(1) A court must, on the forfeiture of a recognisance, order—(a)that the offender or surety liable to pay an amount statedin the recognisance pay the amount to the proper officer

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 73

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 33C]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 undertakenby the surety to be paid on the forfeiture of therecognisance 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 forthe term, of not more than 2 years, stated in the order if theoffender or surety defaults in paying the amount.
33C

Variation or revocation of order forfeiting recognisance(1) If a court orders an offender or a surety to pay an amountunder section 33B, the offender or surety may apply in theapproved form to the court that made the order or, for a
Magistrates Court, any magistrate for an order revoking orvarying 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 ofjustice 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 andserved, at least 14 days before the date set for the
hearing of the application on the complainant or, for arecognisance entered into after an indictment ispresented, whoever of the following is relevant—(i)Page 74

the State crown solicitor;

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 34](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 madewithin 28 days after the order comes to the notice of theapplicant.
(4) At any time after the application is filed, the applicant may
apply to the court for a stay of proceedings to which theapplication 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 theearlier hearing.
(7) The court must decide the application and may—(a)vary the order; or(b)revoke the order; or(c)refuse the application.

Division 4

34

Orders for restitution andcompensation

Court may act under this division whether or not itrecords conviction

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

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 75

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 35]

35

Order 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, thecommission of the offence; and(b)

pay compensation to a person for any loss or destructionof, 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, thecommission of the offence; and(c)

pay compensation for personal injury suffered by aperson (whether or not the person is the victim against
whom the offence was committed) because of thecommission 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, thecourt 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 theoffender of the offence in relation to which the order was
made.
36

What order may state(1) An order made under section 35(1) may state—

Page 76(a)

the amount to be paid by way of restitution orcompensation; and(b)the person to whom the restitution is to be made or thecompensation is to be paid; andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 37](c)the time within which the restitution is to be made or thecompensation is to be paid or, alternatively, that theproper officer of the court is, under the SPE Act,section 34, to give particulars of the amount of therestitution 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 thecompensation 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 offenderfails to comply with the order.
37

Limit on imprisonment under s 36(2)Imprisonment ordered under section 36(2) must not be longer
than—

38

(a)

if the order is made on indictment—1 year; or(b)

if the order is made on summary conviction—6 months.

Extension 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 tobe 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.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 77

Penalties and Sentences Act 1992
Part 3 Releases, restitution and compensation[s 39]

39

Directions for enforcing order of imprisonment(1) In making an order under section 36(2), the court may givesuch directions as it considers appropriate for the enforcementof 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 timeand 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.
39A

Other orders available on failure to comply

On an appearance by an offender under section 39(2), if thecourt considers the order of imprisonment should not be
enforced against the offender, the court may—

40

(a)

accept payment of the amount ordered in full; or(b)

if the offender has not been paying the amount byinstalments, order that the unpaid amount be paid byinstalments; or(c)cause the proper officer to register the prescribedparticulars of the unpaid amount under the SPE Act.

Failing 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.

Page 78

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3A Non-contact orders[s 41]

41

Instalments—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.
42

Payment 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.
43

Division does not limit operation of other provisions

This division does not limit the operation of another provisionof this Act that provides for the making of restitution or thepayment of compensation.

Part 3A
43A

Non-contact orders

Court may make order whether or not it records
conviction

A court may make a non-contact order whether or not itrecords a conviction.
43B

Making 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 anorder may be made under the Domestic and Family Violence
Protection Act 2012, section 42.
(4) In this section—
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 79

Penalties and Sentences Act 1992
Part 3A Non-contact orders[s 43C]

personal offence means an indictable offence committed
against the person of someone.
43C

Requirements 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 wascommitted (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 statedtime.

(2) The time stated in the order must be a period starting when theorder 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 ismade.

(3) The court may make the order if satisfied that, unless the orderis made, there is an unacceptable risk that the offenderwould—(a)injure the victim or associate, including for example byinjuring 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 forexample by acting in a way that—(i)Page 80

makes the victim or associate fear that he or she
may be injured; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3A Non-contact orders[s 43C](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 thevictim would not otherwise sell(4) In considering whether to make the order, the court must haveregard to all of the circumstances of the case, including forexample—(a)the terms of any other order relating to the offender andthe victim or associate; and(b)

the viability of making the order in circumstances inwhich 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 bothlive 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 thevictim or associate; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 81Penalties and Sentences Act 1992
Part 3A Non-contact orders[s 43D](c)intentionally loiter near, watch, approach or enter aplace where the victim or associate lives, works orvisits.

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 theproperty; 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 isliving.
43D

Amending or revoking non-contact order(1) The following persons may apply, in the approved form, toamend 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 theorder 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 thevictim or associate—the judge before whom theoffender is appearing.

(4) The applicant must give a copy of the application to—(a)Page 82

if the applicant is the offender, victim or associate—theprosecuting authority; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3A Non-contact orders[s 43D](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 theday 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 undersubsection (4)(a) must take all reasonable steps toimmediately 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 offenderand any associate named in the order; or(c)if the application is made by the associate—the offenderand 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 theoffender, the victim or any associate named in the order thatjustifies 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, thevictim 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 orsomeone authorised to accept the application on thecommissioner’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 orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 83

Penalties and Sentences Act 1992
Part 3A Non-contact orders[s 43E]

someone authorised to accept the application on the
director’s behalf.
43E

Order 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 publicprosecutions or someone authorised to accept theorder on the director’s behalf; and(ii) the offender; and(iii) if the order was amended or revoked on theapplication of the victim named in the order—thevictim; and(iv) if the order was amended or revoked on theapplication of any associate named in theorder—the associate; and(v) the chief executive (corrective services); and(c)give a copy of the order to the commissioner of thepolice service, or someone authorised to accept theorder on the commissioner’s behalf, by fax, email or asimilar facility.

(2) Failure to comply with subsection (1) does not invalidate theorder.
(3) If the proper officer is not required under subsection (1) togive a copy of the order to the victim or associate, theprosecutor, or someone on the prosecutor’s behalf, must takeall reasonable steps to give a copy of the order to the victim or
associate.

Page 84

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3A Non-contact orders[s 43F]

43F

Contravention of non-contact order(1) An offender must not unlawfully contravene a non-contact
order.
Maximum penalty—40
imprisonment.

penalty

units

or

1

year’s(2) A Magistrates Court that convicts an offender of an offence
against subsection (1) may, in addition to or instead ofsentencing 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 orDistrict Court (the sentencing court)—order theoffender 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 bebrought before the sentencing court;(b)an order granting the offender bail on the condition thatthe offender appear before the sentencing court.

(4) If the Magistrates Court sentenced the offender undersubsection (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 undersubsection (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 undersubsection (1), amend the order;(c)

decide no further action be taken.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 85

Penalties and Sentences Act 1992
Part 3B Banning orders[s 43G]

Part 3B
43G

Banning orders

Definitions 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
Responsibilities Act 2000, section 602B.

Powersandpublic place see the Liquor Act 1992, section 11.
43H

Record of conviction not required

A court may make a banning order whether or not it records aconviction.
43I

What is a banning order

A banning order is an order that prohibits an offender, for astated period, from doing, or attempting to do, any of thefollowing—(a)entering or remaining in stated licensed premises or astated class of licensed premises;(b)entering or remaining in, during stated hours, a statedarea that is designated by its distance from, or locationin relation to, the stated licensed premises or stated classof licensed premises mentioned in an order made underparagraph (a);Examples of orders for paragraph (b)—•Page 86

an order that prohibits a person from entering or remaining
in, between the hours of 10p.m. and 6a.m., an area that iswithin 10m of stated licensed premises mentioned in anorder made under paragraph (a)Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3B Banning orders[s 43J]

(c)

43J

•

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 nearstated licensed premises mentioned in an order made underparagraph (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 statedlicensed premises mentioned in an order made underparagraph (a) are locatedattending or remaining at a stated event, to be held in a
public place, at which liquor will be sold for
consumption.

Making 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 orproperty; 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, thecourt is satisfied that the offence was committed inlicensed premises or in a public place in the vicinity oflicensed premises; and(c)the court is satisfied that, unless the order is made, theoffender 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 oflicensed premises.
(2) The order may be made in addition to any other order the
court may make under this or another Act.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 87

Penalties and Sentences Act 1992
Part 3B Banning orders[s 43J](3) In considering whether to make the order, the court must haveregard to all of the circumstances of the case, including, forexample, the following—(a)whether the offender is, or has been, subject to anotherbanning 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 offenderreport to a police station within 48 hours after the banningorder is made to be photographed for an image to distribute torelevant 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 undersubsection (4B).
(5) A banning order does not stop the offender from—(a)Page 88

entering or remaining in any of the following—
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3B Banning orders[s 43J](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 theoffender;(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 theoffender to enter for the purpose of entering or
remaining in a place or mode of transport mentioned inparagraph (a).

(6) If a place mentioned in subsection (5) is located within thearea to which the banning order applies, the banning order
must—
(a)

describe the place in sufficient detail to identify theplace; 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 thebanning order applies, the banning order must state the address of theresidence 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 banningorder 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.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 89

Penalties and Sentences Act 1992
Part 3B Banning orders[s 43K]

Example for subsection (7)—
If a bus route required to be used by the offender operates within thearea to which the banning order applies, the banning order mustdescribe the bus route and state that the offender is not stopped fromentering or remaining in a bus on that route.

(8) The offender bears the onus of proving the following—

43K

(a)

for subsection (5)(a)(i)—that a place is the offender’sresidence;(b)

for subsection (5)(a)(ii)—that a place is the offender’splace 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 isrequired to be used by the offender;(e)for subsection (5)(a)(v)—that undue hardship would becaused to the offender or a member of the offender’sfamily if the offender was prevented from entering or
remaining in a place.

Banning order to be explained(1) Before making a banning order, the court must explain, orcause 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 theapplication 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.
43L

Amending 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)
Page 90

a prosecutor;
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3B Banning orders[s 43M](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 equivalentjurisdiction 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 theday 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 theoffender that justifies the amendment or revocation.
(8) In this section—prosecuting authority means—

43M

(a)

if the prosecutor who appeared before the court when
the banning order was made was a police officer—thecommissioner of the police service or someone
authorised to accept the application on thecommissioner’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.

Banning order to be given to interested persons(1) A proper officer of the court that makes, amends or revokes abanning order for an offender must immediately—(a)reduce the order to writing in the approved form; andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 91

Penalties and Sentences Act 1992
Part 3B Banning orders[s 43N](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 thepolice service, or someone authorised to accept theorder on the commissioner’s behalf, by fax, email or asimilar facility.

(2) Failure to comply with subsection (1) does not invalidate theorder.
43N

Commissioner of police service may give copy ofbanning order to particular persons(1) The commissioner of the police service may give a copy of abanning order to—(a)the licensee of any licensed premises stated in the order;or(b)

the licensee of any licensed premises within a class oflicensed 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 scanningsystem.

(2) In this section—
Page 92

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 3B Banning orders[s 43O]

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.
43O

Contravention of banning order(1) A person must not, without reasonable excuse, contravene abanning order.
Maximum penalty—40
imprisonment.

penalty

units

or

1

year’s(2) A Magistrates Court that convicts a person of an offence
against subsection (1) may, in addition to or instead ofsentencing 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 orDistrict 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 bebrought before the sentencing court;(b)an order granting the person bail on the condition thatthe person appear before the sentencing court.

(4) If the Magistrates Court sentenced the person undersubsection (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 undersubsection (1), the sentencing court may do any of thefollowing—(a)sentence the person under subsection (1);Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 93Penalties and Sentences Act 1992
Part 4 Fines[s 44](b)in addition to or instead of sentencing the person undersubsection (1), amend the order;(c)

decide no further action be taken.

Part 4

Fines

Division 1

General44

Court may impose fine whether or not conviction
recordedA court may impose a fine whether or not it records aconviction.
45

Power to fine(1) An offender may be fined.
(2) The fine may be in addition to, or instead of, any othersentence 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 theoffence; or(b)

if there is no such maximum—the maximum mentioned
in section 46.

(4) This section has effect subject to a specific provision ofanother Act relating to the offence.
46

Fine 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)Page 94

if the court is a Magistrates Court and the offender is—
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 4 Fines[s 47](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 anindividual—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 asingle offence if—

47

(a)

the court is a District Court and the offender is a
corporation; or(b)the court is the Supreme Court.

Lesser 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.
48

Exercise of power to fine(1) If a court decides to fine an offender, then, in determining theamount of the fine and the way in which it is to be paid, thecourt 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 beon the offender.

(2) The court may fine the offender even though it has been
unable to find out about the matters mentioned insubsection (1)(a) and (b).
(3) In considering the financial circumstances of the offender, thecourt must take into account any other order that it or anothercourt 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.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 95

Penalties and Sentences Act 1992
Part 4 Fines[s 49](3A) In considering the financial circumstances of the offender, thecourt 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 torestitution 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—

49

(a)

any loss or destruction of, or damage caused to, aperson’s property because of the offence; and(b)

the value of a benefit received by the person because of
the offence.

Single 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 sameor 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 eachof the offences.
50

Instalment order

If a court fines an offender, it may order that—(a)Page 96

the fine be paid by instalments; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 4 Fines[s 51](b)51

the proper officer give, under the SPE Act, section 34,
particulars of the fine to SPER for registration under that
section.

Payment of fineIf 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.

Division 2
52

Fine option orders

Definitions

In this division—fine includes the fee payable for lodging a complaint for an
offence with a clerk of the court.
original order means an order of a court—

53

(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 otherpenalty either immediately or within a fixed time, theoffender is to be imprisoned for a period ordered by the
court.

Application 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 theoffender that he or she may immediately verbally apply to thecourt for a fine option order.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 97

Penalties and Sentences Act 1992
Part 4 Fines[s 54](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 madeat any time before the end of the fixed time; or(b)the offender is given a notice under section 54—theapplication 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 inlanguage or in a way likely to be readily understood by theoffender.
(4) The court may adjourn the hearing of the application for theperiod that the court considers is proper to allow the court oroffender to obtain information.
(5) If the court refuses the application, it must note in the recordsof the court whether the refusal was made because of
section 57(1)(a) or (b).
54

If 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 hisor her right to apply for a fine option order.
55

Application 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)Page 98

the original order directs that the offender is to pay thefine—
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 4 Fines[s 56A](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 madeat any time before the end of the fixed time; or(b)the offender is given a notice under section 54—theapplication 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 thematters 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 clerkof the court.
(4) On the lodging of the application, the original order issuspended so far as it requires the payment of a fine.
(5) Section 8 does not apply to this section.
56A

Offender 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 thematters of which the proper officer must be satisfied
under section 57(1); and(c)be signed by the applicant.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 99

Penalties and Sentences Act 1992
Part 4 Fines[s 57](3) The application can not be made after a warrant ofcommitment 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 anapplication under this section unless permitted by section 58.
57

Matters 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 issatisfied that—(a)the offender is unable to pay the fine in accordance withthe original order or, if the offender were to pay the finein accordance with the original order, the offender or theoffender’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 theCommonwealth 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 inaccordance with the original order.
(1B) In considering an application for a fine option order, a court orproper officer of the court must have regard to the principlethat an offender should not be considered to be unsuitable toperform community service merely because of—Page 100(a)any physical, intellectual or psychiatric disability of theoffender; or(b)the offender’s sex, educational level or religious beliefs.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 4 Fines[s 58](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 theapplication 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 fineoption order or community based order should not be madefor an offender merely because of—(a)any physical, intellectual or psychiatric disability of theoffender; 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 theoffender has not previously made an application under thisdivision in relation to the original order.
58

Proper 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 madebecause of section 57(1)(a); and(c)the proper officer of the court is satisfied that theoffender’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 theproper officer who, previously refused an application fora fine option order; andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 101

Penalties and Sentences Act 1992
Part 4 Fines[s 59](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 clerkof the court.
(3) The offender may make the application even though a warrantof commitment has been issued or executed in relation to theoriginal order.
(4) The offender can not make more than 1 application undersubsection (1).
59

Determination 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 madeunder section 58, must cause written notice to be given to theoffender of the time and place at which it is proposed todetermine 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 ofthe court at the time and place mentioned in the notice unlessthe 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 thenotice, the application may be determined in the offender’sabsence.

Page 102

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 4 Fines[s 60](5) In determining whether to grant or refuse the application,
consideration must be given to—

60

(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 thecourt when the original order was made.

Application may be granted or refused(1) If an application is granted, the court or proper officer of thecourt must—(a)make a fine option order for the offender; and(b)

explain to the offender, in language or a way likely to bereadily 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 thefine, or any part of the fine, to which the fineoption 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 theapplication relates ceases to have effect; and(b)the court must cause written notice to be given to theapplicant—(i)of the refusal and whether the refusal was madebecause 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—

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 103

Penalties and Sentences Act 1992
Part 4 Fines[s 61](a)give written notice to the applicant of the refusal and thereasons for the refusal; and(b)give written notice to the court that made the originalorder that the application was made and refused.

(4) If a court or the proper officer of the court refuses anapplication, there must be noted in the records of the court
whether the refusal was made because of section 57(1)(a) or(b).
61

Making 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 thefine 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 imprisonmentthat bears to the default period of imprisonment, as
nearly as possible, the same proportion as that partof the fine bears to the total fine; or(b)the original order requires, in addition to the impositionof 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 imprisonmentthat bears to the default period of imprisonment, as
nearly as possible, the same proportion as theamount of the penalty bears to the total amountrequired to be paid by the order.
(2) Subject to section 58, the proper officer of the court may makea fine option order only if the offender has not previously

Page 104

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 4 Fines[s 62]

made an application under this division in relation to theoriginal order.
62

Effect 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 afine 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 issuspended so far as it requires the payment of a fine.
(3) If an original order requires the payment of a fine and anotherpenalty, then, for the period for which the order is suspended
so far as it requires the payment of the fine, the default periodof 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 theoriginal 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.
63

No liability if warrant executed in good faith and without
negligence

If—
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 105

Penalties and Sentences Act 1992
Part 4 Fines[s 64](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.
64

Order 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 orderrelates; and(iii) details of the offence for which the original order
was made.
65

Release from custody when order is madeIf an offender for whom a fine option order is made is inlawful custody when the order is made merely because of theoffender’s failure to pay the fine, the offender must be
released immediately.
66

Requirements of fine option orders(1) A fine option order must contain requirements that theoffender—(a)Page 106

must report to an authorised corrective services officer
at the place, and within the time, stated in the order; andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 4 Fines[s 67](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 ofevery 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 thepermission of an authorised corrective services officer.

(2) The number of hours stated in a fine option order undersubsection (1)(b)(i) must be performed within 1 year, or
another time allowed in the order, from the making of theorder.
(3) A direction given under subsection (1)(b)(ii) applies to all fineoption orders made for the offender by the same court on thesame day.
67

Directions 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 aspracticable, avoid—(a)

conflicting with the offender’s religious beliefs; and(b)interfering with any times during which the offenderusually works or attends a school or other educational ortraining 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.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 107Penalties and Sentences Act 1992
Part 4 Fines[s 68](3) An offender must not be given a direction under a fine option
order to perform more than 8 hours community service on anyday.
(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 beallowed reasonable rest and meal breaks.
68

Period 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 bemade 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 theapplication 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 isunable 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 thechief executive (corrective services) and the offender of theextension in the approved form.
69

Maximum number of hours(1) The number of hours for which an offender may be required
to perform community service under a requirement of a fineoption order must be such number as, in the opinion of thecourt or proper officer of the court, satisfies the justice of thecase.
Page 108

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 4 Fines[s 70](2) The number mentioned in subsection (1) must not be morethan 5 hours for each penalty unit, or part of a penalty unit,that was imposed as a fine under the original order.
70

Fine reduced proportionate to imprisonmentIf, 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 orderrelates, the fine is taken to have been reduced by an amountthat 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.
71

Community 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 acommunity service order or fine option order.
(2) If 2 or more fine option orders that require an offender toperform community service are in force at the same time, thecommunity service is to be performed in the same
chronological sequence as the sequence in which the orders
were made.
72

Performance 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 amountthat bears to the amount of the fine, as nearly as possible, thesame proportion that the number of hours of community
service performed by the offender under the order bears to thenumber of hours of community service that the offender isrequired to perform under the order.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 109

Penalties and Sentences Act 1992
Part 4 Fines[s 73](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.
73

Payments 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, thefine or a part of the fine may be paid.
(2) A fine or part of a fine must be paid, directly or indirectly, tothe 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 thefine) required to be paid by the original order; and(ii) then, to the amount of the fine; or(b)74

a payment is applied to the amount of the fine to which
the fine option order relates—the number of hours ofcommunity 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 theamount of the payment bears to the amount of the fine.

Failing 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 (asupervisor), or a person authorised for the purpose of thissection by the chief executive (corrective services) (also asupervisor), reasonably believes the offender has contraveneda requirement of the order.

Page 110

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 4 Fines[s 74](2) The supervisor may give the offender a notice under thissection requiring the offender—(a)to stop contravening the order; or(b)

to give the supervisor a reasonable explanation for thecontravention 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 thecontravention 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 fineoption orders.
(5) If the supervisor is satisfied no reasonable explanation has
been given within the stated time, the supervisor may apply tothe proper officer for an order under subsection (7).
(6) The proper officer may decide the application in the absenceof the offender.
(7) If satisfied the offender has contravened the fine option orderwithout 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 andissue a warrant for the arrest and imprisonment of theoffender for the term ordered by the court; or(c)revoke all fine option orders made for the offender andgive 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 thefine option order to—(a)the offender; andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 111

Penalties and Sentences Act 1992
Part 4 Fines[s 76](b)76

if relevant, the court, or the proper officer of the court,that made the fine option order.

Proper officer to determine hours of community service

If a proper officer proposes to revoke a fine option order, theproper officer must determine the number of hours (if any) for
which the offender performed community service under theorder.
78

Effect of revoking order under s 74

If a proper officer revokes a fine option order under
section 74—

79

(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 theamount originally required to be paid by the originalorder must be disregarded; and(c)any directions in the original order that the amount is tobe paid by instalments must be disregarded; and(d)

any default imprisonment mentioned in the originalorder takes effect immediately and is to be reduced
under section 82 if that section applies.

Revocation 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 issatisfied—Page 112(a)that the offender is not able to comply with the orderbecause the offender’s circumstances have materiallyaltered since the order was made; or(b)that the circumstances of the offender were wrongly
stated or were not accurately presented to the court; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 4 Fines[s 80](c)80

that the offender is no longer willing to comply with theorder.

Offender may be re-sentenced on revocation of orderunder s 79

(1) Subject to subsection (2), if a fine option order is revokedunder 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 inwhich the court could deal with the offender if theoffender had just been convicted by or before it of theoffence.

(2) In determining how to re-sentence the offender, the court musttake into account the extent to which the offender had
complied with the order before its revocation.
81

Application 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 givenby the court to the chief executive (corrective services) and—(a)if the court that made the fine option order was theSupreme Court or a District Court—to the director of
public prosecutions; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 113

Penalties and Sentences Act 1992
Part 4 Fines[s 82](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 thefine 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.
82

Imprisonment to be reduced proportionate to amount offine 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 isthe period calculated in accordance with the following
formula—AF
DF = ------- × DP
AP(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 failingto pay the whole of the fine mentioned in the order.
Page 114

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 4 Fines[s 82]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=

AF------- × DP
AP

=

500
------------- × 10
1,000

=

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 inpart; or(b)

the offender has performed part of the community
service required to be performed by the relevant fineoption order.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 115

Penalties and Sentences Act 1992
Part 4 Fines[s 82](4) If this subsection applies, the period of default imprisonmentis to be the period calculated in accordance with the following
formula—PPHP
PDI = DF – DF ×  ------- + -----------
AF HCS(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 ofhours 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 thedefault imprisonment that still has to be served.
PP (part payment) means the amount of the part of the finethat 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 ofcommunity service (HP)—

DF

–

PP
HP
DF ×  ------- + -----------
AF HCS=5–

200 185 ×  --------- + ------
500 90

=

5

–

2 1
5 ×  --- + --- 5 5PDI =Page 116

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 4 Fines[s 83]

=

5

–

=

5

–

=

2 weeks

3
5 × --5
3

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 orcompensation, the default imprisonment that relates to thenonpayment of the restitution or compensation is not affectedby this section.
(7) Subsection (1) does not apply so far as the original ordermakes provision for default imprisonment if the whole, orpart, 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 ormonth (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.
83

Court 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 theaction taken under section 80.
84

Certificates(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 thenumber of hours stated; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 117

Penalties and Sentences Act 1992
Part 4 Fines[s 85](b)that the offender named in the certificate has failed toperform community service under a fine option order; or(c)that the fine, or part of the fine, to which an originalorder 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 acertificate stating the opinion, and the reasons for the opinion,
to—

85

(a)

if a clerk of the court made the order—the court inwhich the original order was made; or(b)in any other case—the court that made the fine option
order.

Appeals(1) An offender who is aggrieved by a decision of the proper
officer of the court refusing an application by the offenderunder section 58 may appeal to the court that imposed thefine.
(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, withthe proper officer of the court.

(3) The proper officer of the court must—

Page 118(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 theappeal.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 4 Fines[s 86]86

Hearing 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 fineoption order for the appellant.

(4) The court must not make a fine option order undersubsection (3)(b) unless it is satisfied about the matters
mentioned in section 57(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 forthe 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 thenumber 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.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 119Penalties and Sentences Act 1992
Part 5 Intermediate orders[s 89]HCS (hours of community service) means the number ofhours 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 theoffender by payment of part of the fine.
89

Original 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.

Part 5Intermediate orders

Division 1

Probation orders

90

Court may make probation order whether or notconviction recorded

Subject to section 91, a court may make a probation order
whether or not it records a conviction.
91

Making of an order

If a court convicts an offender of an offence punishable byimprisonment or a regulatory offence, the court may—

Page 120(a)whether or not it records a conviction—make for theoffenderaprobationorder
mentionedin
section 92(1)(a); or(b)

if it records a conviction—make for the offender aprobation order mentioned in section 92(1)(b).

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 5 Intermediate orders[s 92]

92

Effect 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 offenderis released under the supervision of an authorised
corrective services officer for the remainder of theperiod stated in the order.
(2) The period of the probation order starts on the day the order ismade and must be—(a)if the order is made under subsection (1)(a)—not lessthan 6 months or more than 3 years; or(b)

if the order is made under subsection (1)(b)—not lessthan 9 months or more than 3 years.

(3) The requirements of a probation order made undersubsection (1)(a) start on the day the order is made.
(4) The requirements of a probation order made undersubsection (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.
93

General requirements of probation order(1) The probation order must contain requirements that theoffender—Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 121Penalties and Sentences Act 1992
Part 5 Intermediate orders[s 94](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 ofevery 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 thepermission 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).
94Additional requirements of probation order

The probation order may contain requirements that theoffender—(a)submit to medical, psychiatric or psychologicaltreatment; and(b)comply, during the whole or part of the period of theorder, with the conditions that the court considers arenecessary—(i)Page 122

to cause the offender to behave in a way that is
acceptable to the community; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 5 Intermediate orders[s 95](ii) to stop the offender from again committing theoffence for which the order was made; or(iii) to stop the offender from committing otheroffences.
95

Probation order to be explained(1) Before making the probation order, the court must explain, orcause to be explained, to the offender—(a)the purpose and effect of the order; and(b)what may follow if the offender contravenes therequirements 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.
96

Offender to agree to making or amending of order

The court may make or amend the probation order only if theoffender agrees to the order being made or amended and also
agrees to comply with the order as made or amended.
97

Multiple offences(1) A court may make 1 or more probation orders for an offenderconvicted of 2 or more offences.
(2) The court may include the orders in a single form of order thatspecifies each offence for which a probation order is made.
98

Application of s 32

A court must not deal with an offender under section 32 if thecourt is of the opinion that it is appropriate to release theoffender on probation under this part.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 123Penalties and Sentences Act 1992
Part 5 Intermediate orders[s 99]

99

Termination 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 theoffence for which the order was made; or(c)

if the order is revoked under section 120(1).

Division 2

Community service orders

Subdivision 1

General100

Court may make order whether or not conviction
recordedA court may make a community service order whether or not
it records a conviction.
101

Making of an order

If a court convicts an offender of an offence punishable byimprisonment or a regulatory offence, the court may make acommunity service order for the offender if the court issatisfied that the offender is a suitable person to perform
community service under the order.
102

Effect of order

The effect of the order is that the offender is required toperform unpaid community service for the number of hours
stated in the order.
103

General requirements of community service order(1) The community service order must contain requirements thatthe offender—
Page 124

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 5 Intermediate orders[s 105](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 ofevery 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 thepermission 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 theorder or another time allowed by the court.

(2A) A direction given under subsection (1)(d)(ii) applies to allcommunity 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).
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—
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 125

Penalties and Sentences Act 1992
Part 5 Intermediate orders[s 106](a)the purpose and effect of the order; and(b)what may follow if the offender contravenes therequirements 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.
106

Offender 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 oramended and also agrees to comply with the order as made oramended.
(2) Subsection (1) does not apply to a community service order
required under section 108B.
107

Multiple 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, thenumber 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 offenderhas not performed under the existing order, and the number ofhours of community service ordered to be served under theorders made under subsection (3), must not, when added
together, total more than 240.
(4A) A court may make—Page 126

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 5 Intermediate orders[s 108](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 thenumber 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 towhich this section applies is to be performed cumulatively
unless the court orders otherwise.
(6) This section applies subject to section 108C.
108

Termination of community service order

A community service order is terminated—(a)when the offender performs community service inaccordance with the requirements of the order for thenumber of hours stated in the order; or(b)

if the offender is sentenced or further sentenced for theoffence for which the order was made; or(c)

if the order is revoked under section 120(1) or 120A.

Subdivision 2

Community service orders
mandatory for particular offences

108A Definitions 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;

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 127

Penalties and Sentences Act 1992
Part 5 Intermediate orders[s 108B](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 touse, 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.

108B When 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 thecircumstance of aggravation mentioned in subsection (1), thecourt must make a community service order for the offender
whether or not the court also makes another order under thisor another Act.
(2A) However, subsection (2) does not apply if the court is satisfied
that, because of any physical, intellectual or psychiatricdisability of the offender, the offender is not capable ofcomplying with a community service order.
(3) Subsection (2) is subject to sections 121(4), 125(8) and126(6B).

Page 128

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 5 Intermediate orders[s 108C]

108C Effect 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 othercommunity service orders or graffiti removal orders (theexisting orders); and(c)the total number of hours of unperformed unpaid service
under the new order and the existing orders is more than240.

(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 neworder, 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 neworder) 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 ofservice 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.

108D Effect 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) (theperiod for performance), the offender is detained incustody on remand or is serving a term of imprisonment
in a corrective services facility.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 129

Penalties and Sentences Act 1992
Part 5 Intermediate orders[s 109](2) The community service order is suspended for the period theoffender is detained or imprisoned.
(3) The period for performance is extended by the period theoffender is detained or imprisoned.

Division 3
109

GeneralCourt 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 aprobation 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 otherorder.

(3) If an offender for whom a probation order and a community
service order are made under subsection (1) contravenes arequirement of either order and is dealt with for the original
offence in relation to the order, the other order is discharged.
110

Appeal against probation order or community service
order

An offender aggrieved by the making of a probation order orcommunity service order may appeal under the Justices Act
1886 or the Criminal Code, chapter 67.

Page 130

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 5A Graffiti removal orders[s 110A]

Part 5A

Graffiti removal orders

110A Making 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 psychiatricdisability of the offender, the offender is not capable ofcomplying with a graffiti removal order.
(4) Subsection (2) is subject to sections 121(3), 125(7) and126(6A).
110B Effect of order

The effect of the order is that the offender is required toperform unpaid graffiti removal service for the number ofhours stated in the order.
110C General requirements of graffiti removal order(1) The graffiti removal order must contain requirements that theoffender—(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—Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 131

Penalties and Sentences Act 1992
Part 5A Graffiti removal orders[s 110D](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 ofevery 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 thepermission 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 timeallowed by the court.

(3) If, during the period mentioned in subsection (2)(b), theoffender is detained in custody on remand or is serving a termof imprisonment in a corrective services facility—(a)the graffiti removal order is suspended for the period theoffender 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).
110D Graffiti removal order to be explained(1) Before making the graffiti removal order, the court must
explain, or cause to be explained, to the offender—
Page 132

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 5A Graffiti removal orders[s 110E](a)the purpose and effect of the order; and(b)what may follow if the offender contravenes therequirements 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, theoffender 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.
110E Multiple 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 anotherorder.

(3) If the court makes both a graffiti removal order and acommunity 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 arequirement of any of the orders and is dealt with for theoriginal offence in relation to the order, the other orders aredischarged.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 133

Penalties and Sentences Act 1992
Part 5A Graffiti removal orders[s 110F]

110F

Multiple 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 theoffender; 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 theoffender.
(3) If the court makes more than 1 graffiti removal order, thenumber 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.
110G Successive 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.
Page 134

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 5A Graffiti removal orders[s 110G](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 withthe 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 ormore 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 ofhours of graffiti removal service ordered to be served forthe graffiti offence is, when added to the number ofhours of unperformed graffiti removal service, morethan 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 thegraffiti removal order made by the court for theoffence.
(7) For subsection (6)(b), the chief executive (corrective services)must—

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 135Penalties and Sentences Act 1992
Part 6 Intensive correction orders[s 110H](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 inparagraph (a).

110H Unpaid service to be performed cumulatively

All unpaid service to which the following sections apply is tobe performed cumulatively unless the court orders
otherwise—

110I

(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.

Termination of graffiti removal order

A graffiti removal order is terminated—

Part 6111(a)when the offender performs graffiti removal service inaccordance with the requirements of the order for thenumber of hours stated in the order; or(b)

if the offender is sentenced or further sentenced for theoffence for which the order was made; or(c)

if the order is revoked under section 120A.

Intensive correction orders

Court may make order only if it records conviction

A court may make an intensive correction order only if itrecords a conviction.
Page 136

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 6 Intensive correction orders[s 112]112

Making 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 orderfor the offender.
113

Effect of order(1) The effect of the order is that the offender is to serve thesentence 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 fordisqualification for, or loss of, office or the forfeiture ofbenefits, the offender is taken not to have been sentenced to aterm of imprisonment.
114

General requirements of intensive correction order(1) The intensive correction order must contain requirements thatthe 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 weekthat 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

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 137

Penalties and Sentences Act 1992
Part 6 Intensive correction orders[s 115]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 ofevery 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 thepermission 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 theoffender to attend programs or perform community service formore 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).
115Additional requirements of intensive correction order

The intensive correction order may contain requirements thatthe offender—(a)submit to medical, psychiatric or psychologicaltreatment; and(b)comply, during the whole or part of the period of theorder, with conditions that the court considers arenecessary—(i)Page 138

to cause the offender to behave in a way that is
acceptable to the community; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 6 Intensive correction orders[s 116](ii) to stop the offender from again committing thesame type of offence for which the order was
made; or(iii) to stop the offender from committing otheroffences.
116

Intensive 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 therequirements 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 tobe readily understood by the offender.
117

Offender 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 oramended and also agrees to comply with the order as made oramended.
118

Multiple offences(1) If—(a)a court sentences an offender to 2 or more terms ofimprisonment at the same time; and(b)the total period that the offender is sentenced to serve islonger than 1 year;

the court must not make an intensive correction order for anyof the offences.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 139

Penalties and Sentences Act 1992
Part 7 Other provisions relating to community based orders[s 119](2) If—(a)a court sentences an offender to 2 or more terms ofimprisonment 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 theoffences.
(3) The court may include the orders in a single form of order thatspecifies each offence for which an intensive correction orderis made.
119

Termination 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 theoffence 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).

Part 7

Other provisions relating tocommunity based orders

Division 1

Amendment and revocation oforders120

Amendment and revocation of community based orders
generally(1) The court that made a community based order other than anorder to which section 120A applies may, on application

Page 140

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 7 Other provisions relating to community based orders[s 120A]

under this division, amend or revoke the order if the court issatisfied—(a)that the offender is not able to comply with the orderbecause the offender’s circumstances have materiallyaltered 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 theorder.

(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.
120A Amendment 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 thisdivision, amend or revoke the order if the court is satisfied
that, because of any physical, intellectual or psychiatricdisability of the offender, the offender is not capable ofcomplying 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 originalcourt of the amendment or revocation.
121

Offender may be re-sentenced on revocation of order(1) Subject to subsection (2), if a community based order isrevoked, the court that made the order may re-sentence theoffender for the offence for which the order was made in any
way in which the court could deal with the offender if theoffender had just been convicted by or before it of the offence.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 141

Penalties and Sentences Act 1992
Part 7 Other provisions relating to community based orders[s 122](2) In determining how to re-sentence the offender, the court musttake 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 agraffiti removal order, the court need not, but may, whenre-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 acommunity service order made under section 108B, the court
need not, but may, when re-sentencing the offender for theoffence for which the order was made, make anothercommunity service order.
122

Application 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 givenby 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 directorof 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.

Page 142

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 7 Other provisions relating to community based orders[s 123](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 firstcourt must give a copy of the application to the court thatmade the community based order.

Division 2
123

Contravention of orders

Offence to contravene requirement of community basedorders(1) An offender who contravenes, without reasonable excuse, arequirement of a community based order commits an offence.
Maximum penalty—10 penalty units.
(2) Subsection (1) applies—

124

(a)

whether or not the contravention is an offence against
another Act or law; and(b)whether the contravention happens in or out ofQueensland.

Proceeding 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.
125

Powers of Magistrates Court that convicts offender ofoffence against s 123(1)(1) This section applies if a Magistrates Court convicts theoffender of an offence against section 123(1).

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 143

Penalties and Sentences Act 1992
Part 7 Other provisions relating to community based orders[s 125](2) The court may, in addition to, or instead of, dealing with theoffender under section 123(1), admonish and discharge theoffender 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 orderconcerned 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 thenumber 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 theoffender is required by the order to perform graffiti
removal service;(c)an order extending the period of 1 year allowed for theoffender to perform community service or graffiti
removal service.

(3) The imposition of a fine under section 123(1) or the making ofan order mentioned in subsection (2) does not affect thecontinuation of the community based order.
(4) The court may also—(a)if the community based order was made by aMagistrates Court—subject to section 126A, deal withthe offender for the offence for which the community
based order was made in any way that it could deal withthe offender if the offender had just been convicted by itof 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 theoffender must appear before the sentencing court.
Page 144

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 7 Other provisions relating to community based orders[s 126](5) If the offender is subject to 2 or more community based ordersthat were made by courts of different jurisdictions, an orderunder subsection (4)(b) may be made that the offender be
brought or appear before whichever of the courts is the courtof highest jurisdiction.
(6) In taking action under subsection (4)(a), the court must haveregard to—(a)the making of the community based order; and(b)anything done to comply with the requirements of theorder.

(7) If the offence mentioned in subsection (1) relates to a graffiti
removal order, the court, in taking action undersubsection (4)(a), need not, but may, make another graffiti
removal order.
(8) If the offence mentioned in subsection (1) relates to acommunity service order made under section 108B, the court,
in taking action under subsection (4)(a), need not, but may,
make another community service order.
126

Powers of Supreme Court or District Court to deal withoffender(1) This section applies if—(a)the community based order to which the offender issubject was made by the Supreme Court or a District
Court; and(b)the offender is before the court or, if the order was madeby a District Court, before the Supreme Court; and(c)the court is satisfied that the offender committed an
offence against section 123(1) in relation to thecommunity based order.

(2) The court may, in addition to, or instead of, dealing with theoffender under section 123(1)—(a)

admonish and discharge the offender; or(b)make an order—

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 145

Penalties and Sentences Act 1992
Part 7 Other provisions relating to community based orders[s 126](i)requiring payment of an amount that was required
to be paid by the community based order and has
not been paid; and(ii) for the enforcement of the payment of the amountas if it were then making the community basedorder.
(3) The imposition of a fine under section 123(1) or the making ofan order mentioned in subsection (2) does not affect thecontinuation of the community based order.
(4) The court may also, subject to section 126A, deal with theoffender for the offence for which the community based order
was made in any way in which it could deal with the offender
if the offender had just been convicted before it of the offence.
(5) If the offender is before the court—(a)under an ordersection 125(5); or

made

under

subsection (7)

or

(b)

under a summons or warrant issued under section 128 or
129; or(c)has just been convicted by the court of another offence
committed during the period of the community basedorder and the offender also is the subject of community
based orders made by courts of lower jurisdiction;

the court may deal with the offender under this section as if
the court had made all the community based orders.
(6) In taking action under subsection (4), the court must haveregard to—(a)the making of the community based order; and(b)anything done to comply with the requirements of theorder.

(6A) If the community based order mentioned in subsection (1) is agraffiti removal order, the court, in taking action undersubsection (4), need not, but may, make another graffiti
removal order.

Page 146

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 7 Other provisions relating to community based orders[s 126A](6B) If the community based order mentioned in subsection (1) is acommunity service order made under section 108B, the court,
in taking action under subsection (4), need not, but may, makeanother community service order.
(7) If the offender is the subject of a community based ordermade by the Supreme Court and is convicted before a District
Court of another offence committed during the period of thecommunity based order, the court may—(a)commit the offender to custody to be brought before theSupreme Court; or(b)grant bail to the offender on the condition that theoffender must appear before the Supreme Court.

(8) In subsections (5) and (7)—offence does not include an offence against section 123(1).
126A Particular provision for driver licence disqualifications(1) This section applies if—(a)a court decides to deal with an offender under
section 125(4)(a) or 126(4) in relation to an offence forwhich a community based order was made; and(b)the offence is an offence for which a period of
disqualification from holding or obtaining a Queensland
driver licence—(i)

may be imposed under this Act; or(ii) may or must be imposed under the Transport
Operations (Road Use Management) Act 1995;
and(c)a period of disqualification has been imposed for theoffence.

(2) In taking action under section 125(4)(a) or 126(4), the court
may not change or revoke the period of disqualification
imposed for the offence.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 147

Penalties and Sentences Act 1992
Part 7 Other provisions relating to community based orders[s 127]127

Additional power of courts in relation to an intensive
correction order(1) A court that, under this part, deals with the offender for theoffence for which an intensive correction order was mademay, whether or not the order is still in force, do so by
revoking the order and committing the offender to prison forthe portion of the term of imprisonment to which the offender
was sentenced that was unexpired on the day the relevant
offence against section 123(1) was committed.
(2) The committal of the offender to imprisonment undersubsection (1) does not affect the offender’s eligibility to are-integration program.
(3) Unless the court otherwise orders, the offender must serve theimprisonment—

128

(a)

immediately; and(b)subject to the Bail Act 1980, section 33, concurrently
with any other term of imprisonment previously
imposed on the offender by that or another court.

Summons or warrant for contravention of single
community based order(1) A justice, to whom it is made to appear on complaint by anauthorised corrective services officer, or a person authorised
for this section by the chief executive (corrective services),that an offender has committed an offence against
section 123(1), may issue a summons requiring the offender
to appear before a court.
(2) If—(a)a complaint under subsection (1) is in writing and onoath; and(b)the justice is satisfied that the offender will not appear inanswer to a summons;

the justice may, instead of issuing a summons, issue a warrant
directed to all police officers to arrest the offender and bringthe offender before a court.
Page 148

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 7 Other provisions relating to community based orders[s 129](3) A court mentioned in subsection (1) or (2) may be—(a)the court that made the community based order, if it was
not a Magistrates Court; or(b)a Magistrates Court.

(4) In exercising a discretion under subsection (1) or (2), thejustice must have regard to—(a)the way in which the offender has contravened arequirement of the community based order; and(b)the original offence concerned; and(c)whether the authorised corrective services officer
intends to recommend to the court before which theoffender appears, or is brought, if the offender isconvicted, that the offender be dealt with as if theoffender had just been convicted of the offence forwhich the community based order was made.

(5) If a summons or warrant is issued, the complainant must
immediately forward the complaint to the court before which
the offender is required or directed to appear or to be brought
under the summons or warrant.
129

Summons or warrant for contravention of multiple orders
made by courts of different jurisdictions(1) If an offender is the subject of community based orders madeby courts of different jurisdictions, a justice, to whom it ismade to appear by complaint by an authorised corrective
services officer, or a person authorised for this section by thechief executive (corrective services), that the offender has
committed an offence against section 123(1), may issue a
summons requiring the offender to appear before a court.
(2) If—(a)a complaint under subsection (1) is in writing and onoath; and(b)the justice is satisfied that the offender will not appear inanswer to a summons;Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 149

Penalties and Sentences Act 1992
Part 7 Other provisions relating to community based orders[s 130]the justice may instead of issuing a summons, issue a warrant
directed to all police officers to arrest the offender and bringthe offender before the court of highest jurisdiction.
(3) The court mentioned in subsection (1) or (2) may be—(a)the court that made the community based order; or(b)a Magistrates Court.

(4) In exercising a discretion under subsection (1) or (2), thejustice must have regard to—(a)the way in which the offender has contravened arequirement of the community based order; and(b)the original offence concerned; and(c)whether the authorised corrective services officer
intends to recommend to the court before which theoffender appears, or is brought, if the offender isconvicted, that the offender be dealt with as if theoffender had just been convicted of the offence forwhich the community based order was made.

(5) If a summons or warrant is issued, the complainant must
immediately forward the complaint to the court before which
the offender is required or directed to appear or to be brought
under the summons or warrant.
130

Discharge of multiple community based orders wherecontravention taken into accountIf a court—(a)deals with an offender under section 125 or 126 for an
offence for which a community based order was made;
and

(b)

under section 189, takes into account contraventions of
the requirements of other community based orders;

all the community based orders are discharged.

Page 150

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 7 Other provisions relating to community based orders[s 131]Note—
An offence against section 123(1) is an excluded offence under
section 189 if the community based order to which the offence relates isa graffiti removal order.

131

Contravention of requirements of order—judge todetermineIf, in a matter under this division before the Supreme Court ora District Court, a question arises whether an offender has
contravened, without reasonable excuse, a requirement of acommunity based order, the question is to be determined by
the judge.
132

Proceedings after end of period of order

A proceeding for a contravention of a requirement of acommunity based order may be taken, and the offender dealt
with, under this division for the contravention even though theorder has been terminated or revoked.

Division 3
133

GeneralAuthorised corrective services officers subject todirection of court

In relation to community based orders, authorised corrective
services officers are subject to the directions of the court thatmade the order.
134

Requirements of order have effect despite appeal

If an offender appeals against a community based order, theorder has effect and the requirements of the order are to becomplied with until the appeal is finally determined.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 151

Penalties and Sentences Act 1992
Part 7 Other provisions relating to community based orders[s 135]135

Directions under community based order(1) A direction given by an authorised corrective services officer
under a requirement of a community based order must, as far
as practicable, avoid—(a)

conflicting with the offender’s religious beliefs; and(b)interfering with any times during which the offenderusually works or attends school or another educationalor training establishment; and(c)interfering with the offender’s family responsibilities.

(2) A direction given under a community based order may be
given orally or in writing.
(3) An offender must not be given a direction under a community
based order to perform more than 8 hours unpaid 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 unpaid service in a day.
(5) In performing unpaid service, the offender must be allowed
reasonable rest and meal breaks.
136

Notifications following making of order(1) A court that makes a community based order, or makes anorder amending or revoking a community based order, must
make it in the approved form and must cause a copy of theorder to be given to—

Page 152(a)the offender; and(b)the person in charge of an institution in which the order
requires the offender to reside; and(c)the chief executive (corrective services), together withdetails of the offence in relation to which the order was
made.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 7 Other provisions relating to community based orders[s 137](2) If an offender is required or permitted by a community basedorder to reside in another State or a Territory, the chief
executive (corrective services) must cause—(a)a copy of the order; and(b)other relevant documents and information;

to be forwarded to the proper authority in that State or
Territory.
137

Facilitation of proof(1) If an offender is before a court with a view to being dealt withfor contravening a requirement in a community based order,then, subject to subsection (2), the presumptions mentioned insubsection (3) are to be made.
(2) A presumption mentioned in subsection (3) may be made only
if there is before the court—(a)a complaint; or(b)a statement purporting to be that of a person authorisedby the chief executive (corrective services) to make thestatement;that particularises matters relevant to the offender being so
dealt with in the case in question.
(3) Until the contrary is proved, it must be presumed—(a)that, under subsection (1), the community based orderalleged in the complaint or statement mentioned insubsection (2) was made as alleged for the offender
before the court; and(b)

if the offender is before the court undersubsection (1)—that the offender contravened therequirement, as alleged in the complaint or statement.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 153

Penalties and Sentences Act 1992
Part 7 Other provisions relating to community based orders[s 138]138

Application of Justices Act(1) The Justices Act 1886 applies to a complaint, summons,
warrant or penalty under this part with all necessary
modifications and any modifications prescribed by regulation.
(2) For the purposes
subsection (1)—

of

the

application

mentionedin(a)a complaint is taken to be a complaint for an offence;
and

(b)

a summons is taken to be a summons to answer acomplaint; and(c)a penalty imposed under section 121 may be enforcedby an order that might be made by the adjudicating
justices under the Justices Act 1886 so as to enforce thepayment of a penalty imposed on a conviction for an
offence under an Act that does not expressly provide for
enforcement of the payment.

(3) Despite the Justices Act 1886, section 43(2) or (3), if 2 ormore matters are properly joined in a single complaint madefor the purposes of division 2 because the matters ofcomplaint—(a)are alleged to be constituted by the same act oromission; or(b)

are founded on substantially the same facts;

it is not necessary to set out each matter of complaint in a
separate paragraph.
(4) Objection can not be taken to the complaint mentioned insubsection (3) on the ground that each matter of complaint is
not set out in a separate paragraph.
139

Court may order summons or warrant for offender’sappearance(1) The court to which an authorised corrective services officer
makes application under section 122 may order that asummons issue, directed to the offender, requiring thePage 154

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 7 Other provisions relating to community based orders[s 140]offender to appear at the time and place stated in the summons
to be dealt with according to law.
(2) If the offender to whom a summons under subsection (1) or
section 128 or 129 is directed fails to appear in answer to thesummons, the court may, on proof of the service of thesummons on the offender, order that a warrant issue, directed
to all police officers, to arrest the offender and bring theoffender before the court to be dealt with according to law.
140

Power of Magistrates Court under s 128(2), 129(2) or139(2)(1) If—(a)a warrant issued under section 128(2), 129(2) or 139(2)directs that an offender be brought before the Supreme
Court or a District Court; and(b)the offender can not be brought before the court because
no sittings are being held at the time;

the warrant has effect as if it directed that the offender be
brought before a Magistrates Court.
(2) On an offender’s appearance before a Magistrates Court undersubsection (1), the court must—(a)commit the offender to custody to be brought; or(b)grant bail to the offender on the condition that theoffender appear;

before the Supreme Court or a District Court.
141

Community service under intensive correction order
cumulative with any other community service

Community service that an offender is required to perform
under an intensive correction order is to be performed
cumulatively with any other community service the offenderis required to perform under this or another Act.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 155

Penalties and Sentences Act 1992
Part 8 Orders of suspended imprisonment[s 142]

142

Offence against this part—complainant

Proceedings for an offence against a community based order,
if not initiated by a court, must be started by complaint madeby a person authorised by the chief executive (corrective
services) in that behalf, either generally or in a particular case.

Part 8143

Orders of suspended
imprisonment

Court not to act without recording a conviction

A court may make an order under section 144(1) only if itrecords a conviction.
144

Sentence of imprisonment may be suspended(1) If a court sentences an offender to imprisonment for 5 years or
less, it may order that the term of imprisonment be suspended.
(2) An order under subsection (1) may be made only if the court
is satisfied that it is appropriate to do so in the circumstances.
(3) An order under subsection (1) may suspend the whole or apart of the term of imprisonment.
(4) A court must not suspend a term of imprisonment if it issatisfied, having regard to the provisions of this Act, that it
would be appropriate in the circumstances that the offender be
imprisoned for the term of imprisonment imposed.
(5) The court must state an operational period during which theoffender must not commit another offence punishable byimprisonment if the offender is to avoid being dealt with
under section 146 for the suspended sentence.
(6) The operational period starts on the day the order is made andmust be—Page 156(a)

not less than the term of imprisonment imposed; and(b)

not more than 5 years.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 8 Orders of suspended imprisonment[s 145]145

Effect of suspended imprisonment

An offender for whom an order under section 144 is made has
to serve the suspended imprisonment only if the offender isordered to do so under section 147.
146

Consequences of committing offence during operational
period(1) A court must proceed under this section if—(a)the court—(i)convicts an offender of an offence for which
imprisonment may be imposed; and(ii) is satisfied that the offence was committed
during—(b)(A)

the operational period of an order madeunder section 144; or(B)an extension of the operational period
ordered under section 147(1)(a)(i); or(C)a further stated operational period ordered
under section 147(1)(a)(ii)(B); or

an offender is otherwise before the court and the court issatisfied that—(i)the offender was convicted, in or outside
Queensland, of an offence for which imprisonment
may be imposed; and(ii) the offence was committed during—(A)

the operational period of an order madeunder section 144; or(B)an extension of the operational period
ordered under section 147(1)(a)(i); or(C)a further stated operational period ordered
under section 147(1)(a)(ii)(B).

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 157

Penalties and Sentences Act 1992
Part 8 Orders of suspended imprisonment[s 146](2) If the court mentioned in subsection (1) has like jurisdiction to
the court that made the order, the first court must deal with theoffender under section 147 for the suspended imprisonment.
(2A) If the court mentioned in subsection (1) is of higher
jurisdiction than the court that made the order, the first court
must deal with the offender under section 147 for thesuspended imprisonment unless the court considers that it
would be in the interests of justice for the offender to be dealt
with under section 147 by the court that made the order.
(2B) If, under subsection (2A), the first court does not deal with theoffender under section 147 for the suspended imprisonment, it
must—
(a)

commit the offender to custody to be brought; or(b)grant bail to the offender conditioned to appear;

before a court of like jurisdiction to the court that made theorder.
(3) If—(a)the order was made by a court other than a Magistrates
Court; and(b)the court mentioned in subsection (1) is a Magistrates
Court;

the Magistrates Court must proceed under subsection (4).
(4) The Magistrates Court mentioned in subsection (3) must—(a)commit the offender to custody to be brought; or(b)grant bail to the offender conditioned to appear;

before a court of like jurisdiction to the court that made theorder.
(5) If—(a)the order was made by the Supreme Court; and(b)the court mentioned in subsection (1) is a District Court;

the District Court must proceed under subsection (6).
Page 158

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 8 Orders of suspended imprisonment[s 146A](6) The District Court mentioned in subsection (5) must—(a)commit the offender to custody to be brought before theSupreme Court; or(b)grant bail to the offender conditioned that the offenderappear before the Supreme Court.

(7) If the offender comes before a court under subsection (2B),(4) or (6), the court must deal with the offender under
section 147 for the suspended imprisonment.
146A Summons or warrant for offender whose sentence ofimprisonment has been suspended(1) This section applies if—(a)an order has been made under section 144 or 147(1)(a)for an offender; and(b)a police officer or an authorised corrective services
officer suspects, on reasonable grounds, that theoffender has committed an offence, in or outside
Queensland, during the operational period of the order;
and

(c)

imprisonment may be imposed if the offender isconvicted, in or outside Queensland, of the suspected
offence.

(2) The officer may, by a complaint to a magistrate, apply for asummons requiring the offender to appear before the courtthat made the order.
(3) The magistrate may issue the summons or, instead of issuing
the summons, issue a warrant, in the approved form, directed
to all police officers to arrest the offender and bring theoffender before the court that made the order to be further
dealt with according to law.
(4) The summons or warrant issued under this section is of noeffect unless and until the offender is convicted of an offence
that enables a court to deal with the offender under
section 147.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 159

Penalties and Sentences Act 1992
Part 8 Orders of suspended imprisonment[s 147](5) The magistrate must issue the summons or warrant if themagistrate is satisfied the grounds for issuing the summons or
warrant exist.
(6) However, the warrant may be issued only if—(a)the complaint is under oath; and(b)the magistrate is satisfied the offender would not appear
in answer to a summons.

(7) Further, the magistrate may refuse to issue the warrant if themagistrate considers it would be unjust to issue the warrant.
(8) The summons or warrant may state the suspected offence ingeneral terms.
147

Power of court mentioned in s 146(1) A court mentioned in section 146(2), (2A), (4) or (6) that
deals with the offender for the suspended imprisonment
may—
(a)

order—(i)that the operational period be extended for not
longer than 1 year; or(ii) if the operational period has expired when the
court is dealing with the offender—(b)

Page 160(A)

that the offender’s term of imprisonment befurther suspended; and(B)

that the offender be subject to a further statedoperational period of not longer than 1 year
during which the offender must not commit
another offence punishable by imprisonment
if the offender is to avoid being dealt with
under section 146 for the suspended
imprisonment; ororder the offender to serve the whole of the suspended
imprisonment; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 8 Orders of suspended imprisonment[s 147](c)order the offender to serve the part of the suspended
imprisonment that the court orders.

(2) The court must make an order under subsection (1)(b) unless
it is of the opinion that it would be unjust to do so.
(3) In deciding whether it would be unjust to order the offender toserve the whole of the suspended imprisonment the court musthave regard to—(a)whether the subsequent offence is trivial having regard
to—(i)the nature of the offence and the circumstances inwhich it was committed; and(ii) the proportion between the culpability of theoffender for the subsequent offence and theconsequence of activating the whole of thesuspended imprisonment; and(iii) the antecedents and any criminal history of theoffender; and(iv) the prevalence of the original and subsequent
offences; and(v) anything that satisfies the court that the prisoner
has made a genuine effort at rehabilitation since
the original sentence was imposed, including, forexample—(A)

the relative length of any period of good
behaviour during the operational period; and(B)community service performed; and(C)fines, compensation or restitution paid; and(D)anything mentioned in a pre-sentence report;and(vi) the degree to which the offender has reverted tocriminal conduct of any kind; and(vii) the motivation for the subsequent offence; andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 161

Penalties and Sentences Act 1992
Part 8 Orders of suspended imprisonment[s 148](b)the seriousness of the original offence, including any
physical or emotional harm done to a victim and any
damage, injury or loss caused by the offender; and(c)any special circumstance arising since the original
sentence was imposed that makes it unjust to impose thewhole of the term of suspended imprisonment.

(4) If the court is of the opinion mentioned in subsection (2), it
must state its reasons.
(5) In this section—
original offence means the offence for which a term of
imprisonment has been suspended under section 144(1).
original sentence means the sentence imposed for the original
offence.
subsequent offence means the offence committed during—

148

(a)

the operational period of an order made under
section 144 for the original offence; or(b)an extension of the operational period ordered under
section 147(1)(a)(i) for the original offence; or(c)a further stated operational period ordered under
section 147(1)(a)(ii)(B) for the original offence.

Imprisonment to be served immediately

If, under section 147(1), the court orders the offender to serve
imprisonment, then, unless the court otherwise orders, theimprisonment must be served—

Page 162(a)immediately; and(b)subject to the Bail Act 1980, section 33, concurrently
with any other imprisonment previously imposed on theoffender by that or another court.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9 Imprisonment[s 149]149

Reasons not stated—order still valid

An order under section 147 is not invalid merely because of
the failure of the court to state its reasons as required bysection 147(3), but its failure to do so may be considered by
an appeal court if an appeal against the order is made.
150

Bail Act applies if offender not dealt with immediately

If it is not possible for a court to deal with an offender under
section 147 immediately, then, for the purposes of granting
bail, the Bail Act 1980 applies—(a)as if a reference to a person on a charge of, or inconnection with, an offence were a reference to theoffender; and(b)with any other necessary modifications and any
modifications prescribed by regulation.

151A Conditional release and parole for suspended sentences

An offender whose sentence of imprisonment is suspended iseligible for release on parole, and conditional release within
the meaning of the Corrective Services Act 2006, only in
relation to imprisonment ordered under section 147(1)(b) or(c).

Part 9Imprisonment

Division 1

Liability

152

Court must record conviction

A court may make an order of imprisonment only if it records
a conviction.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 163

Penalties and Sentences Act 1992
Part 9 Imprisonment[s 152A]

152A Proper officer to give chief executive (corrective
services) record of order of imprisonment(1) If a court orders an offender serve all or part of a term of
imprisonment, the proper officer of the court must make arecord of the order committing the offender into custody andgive a copy of the record to the chief executive (corrective
services).
(2) The record must be in the approved form and may deal witheach offence for which the offender is convicted.
(3) Despite subsection (2), the proper officer of the court
complies with subsection (1) if the proper officer gives thechief executive (corrective services) a verdict and judgment
record under the Criminal Practice Rules 1999.
153

Imprisonment—liability to(1) An offender liable to imprisonment for life, or for any otherperiod, may be sentenced to imprisonment for any lesser
period.
(2) An offender liable to imprisonment may be sentenced to pay afine not exceeding the limits prescribed in section 46 inaddition to, or instead of, the imprisonment.
153A Term of imprisonment if none prescribed

If an offender is convicted of an offence punishable byimprisonment, but the maximum term of imprisonment is notprescribed by law, the maximum term that can be imposedis—Page 164(a)if the conviction is on indictment—5 years; or(b)

if the conviction is not on indictment—2 years.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9 Imprisonment[s 154]

Division 2
154

Calculation

Calculation of term of imprisonment(1) Except as provided in sections 156(1), 158A and 159 andsubject to an order being made under the repealed section 158,
a term of imprisonment—(a)on conviction on indictment—starts on the day the court
imposes imprisonment on the offender; and(b)on a summary conviction—starts at the beginning of theoffender’s custody for the imprisonment.

(2) In this section—
repealed section 158 means section 158 as in force
immediately before it was repealed by the Justice and Other
Legislation Amendment Act 2004.
155

Imprisonment to be served concurrently unlessotherwise ordered

Unless otherwise provided by this Act, or the court imposing
imprisonment otherwise orders, if—(a)an offender is serving, or has been sentenced to serve,
imprisonment for an offence; and(b)is sentenced to serve imprisonment for another offence;

the imprisonment for the other offence is to be served
concurrently with the first offence.
156

Cumulative orders of imprisonment(1) If—(a)an offender is serving, or has been sentenced to serve,
imprisonment for an offence; and(b)is sentenced to serve imprisonment for another offence;

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 165

Penalties and Sentences Act 1992
Part 9 Imprisonment[s 156A]

the imprisonment for the other offence may be directed tostart from the end of the period of imprisonment the offenderis serving, or has been sentenced to serve.
(2) Subsection (1) applies whether the imprisonment for the first
offence is being served concurrently or cumulatively withimprisonment for another offence.
156A Cumulative order of imprisonment must be made inparticular circumstances(1) This section applies if an offender—(a)is convicted of an offence—(i)

against a provision mentioned in schedule 1; or(ii) of counselling or procuring the commission of, orattempting or conspiring to commit, an offence
against a provision mentioned in schedule 1; and(b)committed the offence while—(i)a prisoner serving a term of imprisonment; or(ii) released on post-prison community based release
under the Corrective Services Act 2000 or releasedon parole under the Corrective Services Act 2006;or(iii) on leave of absence, from a term of imprisonment,
granted under the Corrective Services Act 2000 or
the Corrective Services Act 2006; or(iv) at large after escaping from lawful custody under asentence of imprisonment.
(2) A sentence of imprisonment imposed for the offence must beordered to be served cumulatively with any other term of
imprisonment the offender is liable to serve.

Page 166

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9 Imprisonment[s 158A]

158A Term of imprisonment does not run if offender on bailawaiting appeal

The term of imprisonment of an offender who appeals against
sentence, and is granted bail awaiting the determination of theappeal, does not run during the time the offender is on bail.
159

Term of imprisonment does not run while prisoner atlarge

An offender who commits an offence against the Criminal
Code, section 142, on being returned to lawful custody, must
serve the imprisonment that the offender would have served if
the offender had not escaped in addition to any punishment
imposed for the offence.
159A Time held in presentence custody to be deducted(1) If an offender is sentenced to a term of imprisonment for an
offence, any time that the offender was held in custody inrelation to proceedings for the offence and for no other reason
must be taken to be imprisonment already served under thesentence, unless the sentencing court otherwise orders.
(2) Subsection (1) does not apply to—(a)a period of custody of less than 1 day; or(b)imprisonment of less than 1 day; or(c)imprisonment that has been wholly suspended; or(d)the suspended part of imprisonment partly suspended.

(3) If an offender was held in custody in circumstances to which
subsection (1) applies, and the court has not made an ordermentioned in subsection (3A), the sentencing court must, aspart of the sentencing order—(a)state the dates between which the offender was held inpresentence custody; and(b)calculate the time that the offender was held inpresentence custody; andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 167

Penalties and Sentences Act 1992
Part 9 Imprisonment[s 159A](c)declare the time calculated under paragraph (b) to be
imprisonment already served under the sentence.

(3A) Subsection (3B) applies if—(a)an offender was held in custody in circumstances towhich subsection (1) applies (presentence custody); and(b)the sentencing court orders that the time, or part of thetime, the offender was held in custody is not to be taken
to be imprisonment already served under the sentence.

(3B) The sentencing court must, as part of the sentencing order—(a)state the dates between which the offender was held inpresentence custody; and(b)calculate the time that the offender was held inpresentence custody; and(c)declare the part of the time that is taken to be
imprisonment already served under the sentence ordeclare that no time is taken to be imprisonment alreadyserved under the sentence.

(3C) If an offender was held in presentence custody and thesentencing court makes a declaration under subsection (3)(c)or (3B)(c), the sentencing court must cause the chief executive(corrective services) to be advised in writing of the declarationand its details.
(4) If—(a)an offender is charged with a number of offences
committed on different occasions; and(b)the offender has been in custody since arrest on chargesof the offences and for no other reason;

the time held in presentence custody must be taken, for the
purposes of subsection (1), to start when the offender was firstarrested on any of those charges, even if the offender is notconvicted of the offence for which the offender was firstarrested or any 1 or more of the number of offences withwhich the offender is charged.

Page 168

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9 Imprisonment[s 159A](4A) To help the sentencing court for the purposes ofsubsections (3) and (3B), the prosecuting authority must giveto the court a presentence custody certificate.
(5) If the sentencing court is satisfied that the time declared undersubsection (3) was not correct, it must—(a)declare the correct time; and(b)amend the sentence accordingly; and(c)cause the chief executive (corrective services) to beadvised of the amendment.

(6) An application for a declaration under subsection (3), (3B) or(5) may be made by—(a)the offender; or(b)the prosecuting authority; or(c)the offender and the prosecuting authority jointly.

(7) If an application for a declaration under subsection (5) is
made by the offender and the prosecuting authority jointly, thesentencing court may make the declaration having regard to
written materials and submissions before it and without
requiring the attendance of the parties.
(8) Subsection (7) applies only if—(a)the parties propose in the joint application that thedeclaration be made having regard to written materials
and submissions before the court and without theattendance of the parties; and(b)the application is accompanied by a draft order andwritten submission in support.

(9) If the sentencing court decides that the application isinappropriate for decision without an oral hearing, the court—(a)must immediately notify the parties to the application of
the decision by telephone or in some other way; and(b)

may set a date for hearing.

(10) In this section—
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 169

Penalties and Sentences Act 1992
Part 9 Imprisonment[s 160]presentence custody certificate means a certificate, in theapproved form, signed by the chief executive (corrective
services), an authorised corrective services officer or thecommissioner of the police service, that—(a)states the offence or offences for which the offender washeld in custody; and(b)states the dates between which the offender was held incustody for each of those offences; and(c)calculates the time that the offender was held in custody.

proceedings for the offence includes proceedings that relate
to the same, or same set of, circumstances as those giving riseto the charging of the offence.
prosecuting authority means—(a)if the sentencing court is the Supreme Court or a District
Court—the director of public prosecutions; or(b)

if the sentencing court is a Magistrates Court—theprosecutor.

Division 3
160

ParoleDefinitions for div 3

In this division—
current parole eligibility date, in relation to the imposition ofa term of imprisonment mentioned in section 160A on an
offender, means a parole eligibility date—(a)previously fixed for the offender in relation to anotherterm of imprisonment; and(b)cancelled under section 160E on the imposition of theterm of imprisonment.

current parole release date, in relation to the imposition of aterm of imprisonment mentioned in section 160A on an
offender, means a parole release date—
Page 170

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9 Imprisonment[s 160A](a)previously fixed for the offender in relation to anotherterm of imprisonment; and(b)cancelled under section 160E on the imposition of theterm of imprisonment.

impose, a term of imprisonment on an offender for an offence,
includes make an order that the offender serve—(a)the whole or part of suspended imprisonment for theoffence; and(b)the unexpired portion of an intensive correction orderfor the offence.

parole eligibility date, for an offender, means the date fixedunder section 160B(2) or (5), 160C(2), (3) or (5), 160D(2) or(3) or 213 as the date the offender is eligible for parole.
parole release date, for an offender, means the date fixedunder section 160B(3) as the date the offender is to bereleased on parole.
period of imprisonment means the period of imprisonmentthat includes the term of imprisonment mentioned in
section 160A.
Note—
Period of imprisonment therefore includes the term of imprisonment a
court is imposing at the time of sentence.

sexual offence means a sexual offence within the meaning of
the Corrective Services Act 2006.
160A Application of ss 160B–160D(1) Sections 160B to 160D apply if a court is imposing a term of
imprisonment on an offender for an offence.
(2) Sections 160B to 160D are the only law under which a court
may, on sentence of an offender for an offence, make an orderrelating to a person’s release on parole.
Note—
Sections 160E to 160H further provide for the orders that may be madeunder sections 160B to 160D.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 171

Penalties and Sentences Act 1992
Part 9 Imprisonment[s 160AA](3) A court can not, on sentence of an offender for an offence,
make a recommendation for a person’s release on parole.
(4) This section applies subject to any express provision to thecontrary, in an Act, about a particular sentence.
Examples—•Criminal Code, sections 305(2) and (4) and 314A(5) and (6)•a provision providing that a minimum term of imprisonment beserved(5) Also—(a)a court can not fix a date under sections 160B to 160D
that reduces the minimum period of imprisonment an
offender must serve under the Corrective Services Act
2006, section 181(2), (2A) or (2B), 181A, 182(2) or(2A), 182A(3) or (3A), 183(2) or (2B) or 185B (each a
relevant provision); and(b)no date fixed by the court under sections 160B to 160D
can reduce the minimum period of imprisonment an
offender must serve under a relevant provision.

(6) Sections 160B to 160D do not apply if a court sentences anoffender to a term of imprisonment and makes any of thefollowing orders under this Act for the offender—(a)an intensive correction order;(b)a probation order mentioned in section 92(1)(b);(c)

an order that the whole or a part of the term of
imprisonment be suspended.

160AA Reduction of minimum period of imprisonment forparticular offenders(1) This section applies if—(a)Page 172a court is imposing a term of imprisonment on an
offender for a prescribed offence committed with aserious organised crime circumstance of aggravation;
andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9 Imprisonment[s 160B](b)either—(i)the term of imprisonment imposed is imprisonment
for life; or(ii) the offender is serving a term of imprisonment forlife; and(c)section 13A or 13B applies for the sentence.
Note—
See section 161S in relation to the application of sections 13A
and 13B for the sentencing of an offender mentioned inparagraph (a).

(2) The court may fix a date under section 160C or 160D that—(a)reduces the minimum period of imprisonment theoffender must otherwise serve under the Corrective
Services Act 2006, section 181(2A) or (2B) or 181A(3)or (4); but(b)does not reduce the minimum period of imprisonment
the offender must serve under section 181(2) or 181A(2)of that Act.

(3) Also, no date fixed by the court as mentioned in subsection (2)can reduce the minimum period of imprisonment the offendermust serve under the Corrective Services Act 2006, section
181(2) or 181A(2).
(4) This section applies despite section 160A(5).
(5) In this section—prescribed offence see section 161N.
160B Sentence of 3 years or less and not a serious violent
offence or sexual offence(1) This section applies if neither section 160C nor 160D applies.
(2) If the offender has had a court ordered parole order cancelled
under the Corrective Services Act 2006, section 205 or 209
during the offender’s period of imprisonment, the court must
fix the date the offender is eligible for parole.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 173

Penalties and Sentences Act 1992
Part 9 Imprisonment[s 160B](3) If subsection (2) does not apply, the court must fix a date forthe offender to be released on parole.
(4) If the offender had a current parole eligibility date or current
parole release date, a date fixed under subsection (2) or (3)must not be earlier than the current parole eligibility date or
current parole release date.
Note—
See also section 160F.

(5) Despite subsections (2) and (3), the court must fix the date theoffender is eligible for parole under subsection (6) if—(a)the offender is sentenced to a term of imprisonment
under section 161R(2); and(b)in imposing the base component of the sentence underthat section, the court would, apart from this subsection,
be required to fix a date for the offender undersubsection (2) or (3).
Note—
Section 161R(2)(a) requires the court to impose a sentence ofimprisonment for the offence of which the offender is convictedunder the law apart from part 9D.

(6) The date the offender is eligible for parole is the day that isworked out by adding the relevant further period to the datethe court would otherwise fix for the offender undersubsection (2) or (3) if the term of imprisonment imposed on
the offender under section 161R(2) consisted only of the basecomponent of the sentence imposed under that section.
(7) In this section—
relevant further period, for an offender sentenced to a term of
imprisonment under section 161R(2), means the period of themandatory component of the sentence imposed on theoffender under that section.

Page 174

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9 Imprisonment[s 160C]

160C Sentence of more than 3 years and not a serious violent
offence or sexual offence(1) This section applies if section 160D does not apply and theoffender’s period of imprisonment is more than 3 years.
(2) If the offender had a current parole eligibility date, the court
must fix the date the offender is eligible for parole.
(3) If the offender had a current parole release date, the court may
fix the date the offender is eligible for parole.
(4) A date fixed under subsection (2) or (3) must not be earlier
than the current parole eligibility date or current parole release
date mentioned in the subsection for the offender.
(5) If neither subsection (2) nor (3) applies, the court may fix thedate the offender is eligible for parole.
Note—
See also section 160F.

160D Sentence for a serious violent offence or sexual offence(1) This section applies if the offender’s period of imprisonment
includes a term of imprisonment for a serious violent offence
or a sexual offence.
(2) If the offender had a current parole eligibility date or current
parole release date, the court must fix the date the offender iseligible for parole.
(3) If subsection (2) does not apply, the court may fix the date theoffender is eligible for parole.
(4) A date fixed under subsection (2) must not be earlier than thecurrent parole eligibility date or current parole release date.
Note—
See also section 160F.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 175

Penalties and Sentences Act 1992
Part 9 Imprisonment[s 160E]

160E Automatic cancellation of parole release or eligibility
dates(1) An offender’s parole release date is automatically cancelled
when—
(a)

a court fixes another parole release date or parole
eligibility date for the offender under this division; or(b)a court imposes a term of imprisonment on theoffender—(i)for a serious violent offence or a sexual offence; or(ii) that results in the offender’s period
imprisonment being more than 3 years.

of(2) An offender’s parole eligibility date is automatically cancelled
when—
(a)

a court fixes another parole eligibility date for theoffender under this division; or(b)a court imposes a term of imprisonment on theoffender—(i)for a serious violent offence or a sexual offence; or(ii) that results in the offender’s period
imprisonment being more than 3 years.

of

Example—O is sentenced to a 5-year term of imprisonment on 1 March
2007. The sentencing court fixes O’s parole eligibility date at 1
October 2009. On 1 April 2010, O, whose application for parole
in relation to the first term of imprisonment was unsuccessful, issentenced to a further term of 2 years imprisonment to be served
cumulatively with the first term. O’s parole eligibility date of 1
October 2009 is cancelled under subparagraph (ii) and, under
section 160C(2), the court must again fix a date that O is eligible
for parole.

(3) Subsections (1) and (2) have effect even though the court
fixing the relevant date or imposing the further term of
imprisonment is a court of lesser jurisdiction than the courtthat fixed the current parole release date or current parole
eligibility date being cancelled under the subsection.
Page 176

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9 Imprisonment[s 160F]

160F

Significance of an offender’s period of imprisonment(1) One of the objects of sections 160A to 160E is to ensure thatat any 1 time there is only 1 parole release date or parole
eligibility date in existence for an offender.
(2) When fixing a date under this division as the date an offender
is to be released on parole or is to be eligible for release onparole, the date fixed by the court must be a date relating tothe offender’s period of imprisonment as opposed to aparticular term of imprisonment.
Examples—1

O is sentenced to a term of 1 year’s imprisonment on 1 July 2007
with a parole release date of 1 January 2008. O is released onparole on 1 January 2008. On 1 April 2008, O is sentenced to afurther term of 1 year’s imprisonment for another offence. A parole
eligibility date fixed for O under section 160B(2) must relate to the2 years period of imprisonment to which O has been sentenced andmust not be earlier than 1 January 2008.

2

O is sentenced to a term of 1 year’s imprisonment on 1 July 2007
with a parole release date of 1 January 2008. On 1 November 2007,
O is sentenced to a further term of 1 year’s imprisonment foranother offence, to be served concurrently with the first term. A
parole release date fixed for O under section 160B(3) must relate to
the 16 months period of imprisonment to which O has beensentenced and must not be earlier than 1 January 2008.

160G Court may fix any day of sentence as parole release date(1) If, under this Act, the court must fix a parole release date for
an offender, the court may fix any day of the offender’ssentence as the offender’s parole release date.
Examples—1

An offender who has been held in remand for 7 days is foundguilty of an offence and sentenced to 7 days imprisonment. The
sentencing court may fix the sentencing day as the offender’sparole release date.

2

An offender is sentenced to 14 days imprisonment for contempt of
court. The sentencing court may fix the last day of the sentence as
the offender’s parole release date.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 177

Penalties and Sentences Act 1992
Part 9 Imprisonment[s 160G](2) If the offender’s parole release date is the date the offender is
to be unconditionally released from lawful custody, the chief
executive (corrective services) is not required to issue a court
ordered parole order under the Corrective Services Act 2006,section 199.
(3) If the court fixes the date on which an offender is sentenced as
the offender’s parole release date and subsection (2) does not
apply, the offender is taken immediately to be subject to a
court ordered parole order—(a)containing the conditions mentioned in the Corrective
Services Act 2006, section 200(1); and(b)requiring the offender to report to a probation and parole
office as defined under that Act and obtain a copy of thecourt ordered parole order between 9a.m. and 5p.m.
either on the day the court fixes the offender’s parole
release date or on the next business day.
Examples—1

The court fixes the offender’s parole release date on a
Thursday and the following day (Friday) is not a public
holiday. The offender must report to a probation and parole
office and obtain a copy of the parole order either before
5p.m. on the Thursday or between 9a.m. and 5p.m. on the
Friday.

2

The court fixes the offender’s parole release date on a
Friday and the following Monday is not a public holiday.
The offender must report to a probation and parole officeand obtain a copy of the parole order either before 5p.m. on
the Friday or between 9a.m. and 5p.m. on the Monday.

(4) An offender who fails to report to a probation and parole
office and obtain a copy of the court ordered parole order as
required under subsection (3)(b) is unlawfully at large for the
Corrective Services Act 2006.
(5) A court mentioned in subsection (3) must, when fixing theoffender’s parole release date, tell the offender—(a)Page 178of the requirement imposed on the offender under thesubsection; andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9 Imprisonment[s 160H](b)of the consequences if the offender fails to comply withthe requirement.

(6) In this section—
court ordered parole order means a court ordered parole
order as defined under the Corrective Services Act 2006.
160H Series of sentences involving terms of imprisonment(1) This section applies if—(a)a court is imposing more than 1 term of imprisonment ina series of sentencing orders; and(b)an order (the first order) made by the court in relation toa term of imprisonment under this division would,
because of section 160E, be cancelled in the series ofsentencing orders by another order made under thisdivision or by the imposition of another term of
imprisonment.

(2) It is not necessary for the court to make the first order but, inmaking an order under this division that has final effect inrelation to the series of sentencing orders, the court may only
make an order that it could make if it had made the first order.
Example—O has been charged with 3 offences and found guilty of each. The court
sentences O to 2 years imprisonment on charge 1, 1 year’s
imprisonment on charge 2 and 2 years and 6 months imprisonment on
charge 3, the terms to be served concurrently. It is not necessary for the
court to make an order fixing a parole release date for each of theoffences. The court may make a single order fixing a parole release date
for the resulting period of imprisonment which must not be a dateearlier in time than a parole release date notionally fixed under any ofthe previous orders the court would, apart from this section, be required
to make.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 179

Penalties and Sentences Act 1992
Part 9A Convictions of serious violent offences[s 161A]

Part 9A

Convictions of serious violent
offences

161A When an offender is convicted of a serious violent
offence

An offender is convicted of a serious violent offence if—(a)the offender is—(i)convicted on indictment of an offence—(A)against a provision mentioned in schedule 1;or(B)of counselling or procuring the commissionof, or attempting or conspiring to commit, an
offence against a provision mentioned inschedule 1; and(ii) sentenced to 10 or more years imprisonment forthe offence, calculated under section 161C; or(b)the offender is convicted on indictment and declared tobe convicted of a serious violent offence under
section 161B(3) or (4).

161B Declaration of conviction of serious violent offence(1) If an offender is convicted of a serious violent offence under
section 161A(a), the sentencing court must declare theconviction to be a conviction of a serious violent offence aspart of the sentence.
(2) However, the failure of the sentencing court to make adeclaration as required under subsection (1) does not affectthe fact that the offender has been convicted of a serious
violent offence.
(3) If an offender is—(a)convicted on indictment of an offence—(i)Page 180

against a provision mentioned in schedule 1; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9A Convictions of serious violent offences[s 161C](ii) of counselling or procuring the commission of, orattempting or conspiring to commit, an offence
against a provision mentioned in schedule 1; and(b)sentenced to 5 or more, but less than 10, years
imprisonment for the offence, calculated under
section 161C;

the sentencing court may declare the offender to be convictedof a serious violent offence as part of the sentence.
(4) Also, if an offender is—(a)convicted on indictment of an offence—(i)that involved the use, counselling or procuring theuse, or conspiring or attempting to use, serious
violence against another person; or(ii) that resulted in serious harm to another person; and(b)sentenced to a term of imprisonment for the offence;the sentencing court may declare the offender to be convictedof a serious violent offence as part of the sentence.
(5) For subsections (3) and (4), if an offender is convicted on
indictment of an offence—(a)that involved the use, counselling or procuring the use,
or conspiring or attempting to use, violence against achild under 12 years; or(b)that caused the death of a child under 12 years;

the sentencing court must treat the age of the child as anaggravating factor in deciding whether to declare the offender
to be convicted of a serious violent offence.
161C Calculation of number of years of imprisonment(1) This section applies for deciding whether an offender issentenced—(a)under section 161A(a)—to 10 or more years
imprisonment (the specified years of imprisonment); or

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 181

Penalties and Sentences Act 1992
Part 9B Repeat serious child sex offences[s 161D](b)

under section 161B(3)—to 5 or more, but less than 10,
years imprisonment (also the specified years of
imprisonment);

for an offence—(c)against a provision mentioned in schedule 1; or(d)of counselling or procuring the commission of, orattempting or conspiring to commit, an offence against a
provision mentioned in schedule 1.

(2) An offender is sentenced to the specified years of
imprisonment if—(a)the offender is sentenced to a term of imprisonment of
the specified years for the offence; or(b)the term of imprisonment to which the offender issentenced for the offence is part of a period of
imprisonment of the specified years imposed onconvictions consisting of the conviction on which theoffender is being sentenced and any 1 or more of thefollowing—(i)a conviction of an offence
subsection (1)(c) or (d);mentionedin(ii) a conviction declared to be a conviction of aserious violent offence under section 161B.
(3) For subsection (2), whether the offender is sentenced to thespecified years of imprisonment must be calculated as at the
day of sentence.

Part 9B

Repeat serious child sex
offences

161D Meaning of serious child sex offence

A serious child sex offence is an offence against a provision
mentioned in schedule 1A, or an offence that involved
Page 182

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9B Repeat serious child sex offences[s 161E]

counselling or procuring the commission of an offence
mentioned in schedule 1A, committed—(a)in relation to a child under 16 years; and(b)in circumstances in which an offender convicted of theoffence would be liable to imprisonment for life.

161E Mandatory sentence for repeat serious child sex offence(1) An offender is convicted of a repeat serious child sex offenceif—(a)the offender is convicted of a serious child sex offence(the repeat offence) committed by the offender when
the offender was an adult; and(b)before the offender committed the repeat offence, theoffender was convicted of another serious child sex
offence committed by the offender when the offender
was an adult.

(2) An offender who is convicted of a repeat serious child sex
offence is liable to, despite any other penalty imposed by the
Criminal Code, imprisonment for life, which can not be
mitigated or varied under any law, or is liable to an indefinite
sentence under part 10.
(3) For the indefinite sentence under part 10 mentioned insubsection (2), the sentence of imprisonment for life, which
can not be mitigated or varied under any law, is—(a)the nominal sentence under section 163(2); and(b)

the finite sentence under section 173(1)(b).

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 183

Penalties and Sentences Act 1992
Part 9C Serious drug offences[s 161F]

Part 9C

Serious drug offences

Division 1

Interpretation

161F

Meaning of category A offence, category B offence andcategory C offence(1) An offence is a category A offence if the offence is against a
provision listed in schedule 1B, part 1, column 1.
(2) An offence is a category B offence if the offence is—(a)against a provision listed in schedule 1B, part 2, column
1; and(b)either—(i)no relevant circumstance is listed in column 3; or(ii) the relevant circumstance listed for the provision incolumn 3 applies in relation to the offence.
(3) An offence is a category C offence if—(a)the offence is against a provision listed in schedule 1B,part 3, column 1; and(b)

the relevant circumstance listed for the provision incolumn 3 applies in relation to the offence.

(4) Column 2 of schedule 1B gives the headings of the provisions
mentioned in column 1 of the schedule, and is for information
only.

Division 2

Issue of serious drug offence
certificates

161G Issue of serious drug offence certificate(1) When a court is imposing a sentence on an offender who isconvicted of a serious drug offence, the court must issue a
Page 184

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9C Serious drug offences[s 161G]

certificate (a serious drug offence certificate) for each serious
drug offence of which the offender is convicted.
Notes—
1

For provisions about the use of serious drug offence certificates inrelation to forfeiture of property, see the Criminal Proceeds
Confiscation Act 2002, chapter 2A.

2

Section 161M provides for the process to be followed by theproper officer of the court on the issue of a serious drug offence
certificate.

(2) Subsection (3) applies if—(a)the court is sentencing the offender for 2 or more serious
drug offences (related offences); and(b)the court is satisfied on the balance of probabilities thatthe offences arise out of a single course of conduct.

Example for subsection (2)—An offender is convicted of producing a dangerous drug, possessing adangerous drug and possessing things used in connection with the
production of a dangerous drug and the 3 offences arise from theproduction of the same dangerous drug.

(3) Despite subsection (1), the court must issue a serious drug
offence certificate only for the most serious related offence of
which the person is convicted.
(4) For subsection (3), the most serious related offence of which
the person is convicted is—(a)the related offence that belongs to the highest category
mentioned in schedule 1B, with category A being thehighest; or(b)

if more than 1 related offence belongs to the same
category mentioned in schedule 1B—the offence thatwas committed first.

(5) For subsection (4)(b), if an offence has been committed over a
period of time, the date of commission of the offence is thedate the person started committing the offence.
(6) The court must hear any submission made by the offender oran authorised officer about the issue of the serious drug
offence certificate.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 185

Penalties and Sentences Act 1992
Part 9C Serious drug offences[s 161H](7) If the court has made a finding of fact that the offendercommitted a category C offence with a commercial purpose—(a)the court must record this finding on the certificate; and(b)a sentencing judge or magistrate must sign thecertificate to confirm the finding.

(8) This section applies subject to section 161I.
Note—
Section 161I applies if a court is later sentencing the offender for aserious drug offence and the court is satisfied that the offence is arelated offence in relation to an offence for which a serious drug
offence certificate has already been issued. The later offence is taken to
be a related offence. Instead of issuing a further serious drug offence
certificate for the later offence, the court must amend the serious drug
offence certificate.

161H Content of serious drug offence certificate

A serious drug offence certificate must be in the approved
form and must state the following—

161I

(a)

the name of the offender;(b)

the serious drug offence for which the certificate isissued;(c)whether the offence was a category A offence, category
B offence or category C offence;(d)

the date the certificate was issued;(e)a list of any related offences for which the court did notissue a serious drug offence certificate under
section 161G(3) or section 161I(2), in the order ofseriousness of the related offences.

Amendment of certificate by court to include related
offence for which offender is sentenced later(1) This section applies if—(a)Page 186

a court is imposing a sentence on an offender for aserious drug offence (the later offence); andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9C Serious drug offences[s 161J](b)a serious drug offence certificate has already been
issued by a court for a serious drug offence (the earlier
offence) of which the person is convicted; and(c)the court is satisfied on the balance of probabilities thelater offence would be a related offence in relation to theearlier offence if the offender had been sentenced forboth offences at the same time.

(2) The later offence is taken to be a related offence in relation to
the earlier offence and any other related offences for which a
serious drug offence certificate was not issued under
section 161G(3).
(3) The court must amend the serious drug offence certificate
issued for the earlier offence—(a)

if the later offence is the most serious related
offence—so the certificate is issued for the later offence
and to list the earlier offence as a related offence forwhich a serious drug offence certificate is not issued
under subsection (2); or(b)otherwise—to list the later offence as a related offence
for which a serious drug offence certificate is not issued
under subsection (2).

(4) The court must hear any submission made by the offender oran authorised officer about whether the later offence is arelated offence and how the serious drug offence certificate
should be amended.
161J

Amendment of certificate by proper officer to correct
minor error(1) The proper officer of the court that issued a serious drug
offence certificate may amend the certificate if theamendment is necessary to correct a minor error.
(2) The proper officer may refer the matter to the court for adecision on whether the certificate should be amended andhow.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 187

Penalties and Sentences Act 1992
Part 9C Serious drug offences[s 161K]

Note—
Section 161M provides for the process to be followed by the proper
officer of the court on the amendment of a serious drug offence
certificate.

161K Amendment by proper officer, or cancellation, of
certificate on quashing of conviction or appeal(1) This section applies if—(a)a conviction of the serious drug offence for which a
serious drug offence certificate is issued is quashed; or(b)a category B offence or a category C offence for which a
serious drug offence certificate is issued is, following anappeal, no longer either a category B offence or acategory C offence.
Example for paragraph (b)—Because of a finding made by an appeal court, a relevant
circumstance mentioned in schedule 1B, column 3 no longer
applies to a category B offence or category C offence.

(2) Subject to subsection (4), the serious drug offence certificate
is taken to be cancelled and can not be used in a proceedingunder the Criminal Proceeds Confiscation Act 2002.
(3) Subsection (4) applies if—(a)related offences for which a serious drug offence
certificate was not issued under section 161G(3) or
section 161I(2) are listed on the serious drug offence
certificate; and(b)the offender’s conviction of 1 or more of the related
offences has not been quashed.

(4) The proper officer of the court that issued the serious drug
offence certificate must, on an application by an authorised
officer, amend the certificate so it is issued for the next mostserious related offence for which the conviction of theoffender has not been quashed.

Page 188

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9C Serious drug offences[s 161L]

Note—
Section 161M provides for the process to be followed by the proper
officer of the court on the amendment of a serious drug offence
certificate.

(5) The proper officer may refer the matter to the court for adecision on how the certificate should be amended.
161L

Effect of amendment of certificate on date of issue(1) This section applies if a certificate is amended under
section 161I or section 161K.
(2) The certificate is taken to have been issued on the date thecertificate is most recently amended.
161M Process for issuing or amending certificate(1) This section applies if a court, or the proper officer of a court,
issues a serious drug offence certificate under section 161G oramends a serious drug offence certificate under section 161I,
161J or 161K.
(2) The proper officer must as soon as reasonably practicable—(a)place a copy of the issued or amended certificate on the
court file; and(b)give a copy of the issued or amended certificate to theoffender; and(c)give 2 copies of the issued or amended certificate to thedirector of public prosecutions.

(3) The director of public prosecutions must give 1 copy of theissued or amended certificate to the Crime and Corruption
Commission.
(4) A copy of a certificate required to be given undersubsection (2) or (3) may be given electronically.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 189

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161N]

Part 9D

Serious and organised crime

Division 1

Preliminary

161N Definitions for partIn this part—
benefit includes property, advantage, service, entertainment,
the use of or access to property or facilities, and anything of
benefit to a person whether or not it has any inherent or
tangible value, purpose or attribute.
commissioner means the commissioner of the police service.
control order means an order made under division 3,
subdivision 1.
corresponding control order means an order prescribed to bea corresponding control order under section 161ZW.
criminal organisation see section 161O.
honorary member, of an organisation, includes a person who
is a member of the organisation, but has not paid a fee to be amember of the organisation.
office holder, of an organisation, means—

Page 190(a)a person who is a president, vice-president, treasurer,
secretary, director or another office holder or ashareholder of the organisation; or(b)a person who (whether by words or conduct, or in any
other way) asserts, declares or advertises that the person
holds a position of authority of any kind within theorganisation; or(c)a person who is in control of all or a substantial part of
the activities of the organisation; or(d)if the organisation appoints a person to be in charge ofan activity of the organisation or keep order at a meetingor gathering of the organisation—the person appointed.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161O]

Examples—•a person appointed to administer a child exploitationmaterial website•

a person appointed to supervise the call centre of a cold-callinvestment fraud operation•a person appointed as the sergeant-at-arms of a motorcycle
club

participant, in a criminal organisation, see section 161P.
prescribed offence means an offence against a provision
mentioned in schedule 1C.
prospective member, of an organisation, means a person who
has started, but not completed, the process of becoming amember of the organisation.
registered corresponding control order means acorresponding control order that is registered under division 3,
subdivision 5.
senior police officer means a police officer of or above therank of sergeant.
serious criminal activity means conduct constituting an
indictable offence for which the maximum penalty is at least 7
years imprisonment.
serious organised crime circumstance of aggravation see
section 161Q.
161O Meaning of criminal organisation(1) A criminal organisation is a group of 3 or more persons,whether arranged formally or informally—(a)

who engage in, or have as their purpose (or 1 of their
purposes) engaging in, serious criminal activity; and(b)who, by their association, represent an unacceptable risk
to the safety, welfare or order of the community.

(2) For subsection (1), it does not matter whether—(a)the group of persons—

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 191

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161O](i)

has a name; or(ii) is capable of being recognised by the public as agroup; or(iii) has an ongoing existence as a group beyond theserious criminal activity in which the groupengages or has as a purpose; or(iv) has a legal personality; or(b)the persons comprising the group—(i)have different roles in relation to the serious
criminal activity; orExample—Of the persons comprising a methylamphetamine
syndicate, different persons are responsible for supplying
the cold and flu tablets, extracting the pseudoephedrinefrom the tablets, supplying other necessary ingredients,
andcookingtheingredients
toproducemethylamphetamine.

(ii) have different interests in, or obtain different
benefits from, the serious criminal activity; orExample—Of the 3 persons comprising a group that engages inserious criminal activity, 1 person obtains the profit fromthe activity and pays the other 2 persons an amount forengaging in the activity.

(iii) change from time to time.
Example—a networked online child exploitation forum(3) In this section—
engage, in serious criminal activity, includes each of thefollowing—

Page 192(a)organise, plan, facilitate, support, or otherwise conspire
to engage in, serious criminal activity;(b)obtain a material benefit, directly or indirectly, fromserious criminal activity.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161P]

161P Meaning of participant(1) A person is a participant, in a criminal organisation, if—(a)the person has been accepted as a member of theorganisation and has not ceased to be a member of theorganisation; or(b)the person is an honorary member of the organisation; or(c)the person is a prospective member of the organisation;or(d)the person is an office holder of the organisation; or(e)the person identifies himself or herself in any way as
belonging to the organisation; orExamples—(f)•using a theme-based naming convention or icon to establisha screen name or profile for an online child exploitation
forum

•

wearing or displaying the patches or insignia, or a version of
the patches or insignia, of a criminal organisation

the person’s conduct in relation to the organisation
would reasonably lead someone else to consider the
person to be a participant in the organisation.
Example of conduct for paragraph (f)—doing any of the following for a criminal organisation involvedin the production and sale of cannabis—•

tending the cannabis plants•

packaging the cannabis for sale•selling the cannabis•

laundering the profits from the sale of the cannabis•

managing the day-to-day business of the organisation(2) For subsection (1)(a), a person may be accepted as a memberof a criminal organisation—(a)informally; or(b)through a process set by the organisation, including, forexample, by paying a fee or levy.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 193

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161Q]

161Q Meaning of serious organised crime circumstance ofaggravation(1) It is a circumstance of aggravation (a serious organised crime
circumstance of aggravation) for a prescribed offence of
which an offender is convicted that, at the time the offence
was committed, or at any time during the course of thecommission of the offence, the offender—(a)

was a participant in a criminal organisation; and(b)knew, or ought reasonably to have known, the offence
was being committed—(i)

at the direction of a criminal organisation or aparticipant in a criminal organisation; or(ii) in association with 1 or more persons who were, atthe time the offence was committed, or at any time
during the course of the commission of the offence,
participants in a criminal organisation; or(iii) for the benefit of a criminal organisation.
(2) For subsection (1)(b), an offence is committed for the benefitof a criminal organisation if the organisation obtains a benefit,
directly or indirectly, from the commission of the offence.
(3) To remove any doubt, it is declared that a criminalorganisation mentioned in subsection (1)(b) need not be thecriminal organisation in which the offender was a participant.

Division 2

Term of imprisonment for particularoffenders

161R Court must impose term of imprisonment(1) This section applies to the sentencing of an offender convictedof a prescribed offence committed with a serious organised
crime circumstance of aggravation.
(2) The court must impose on the offender a term of
imprisonment consisting of the following components—
Page 194

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161R](a)a sentence of imprisonment for the prescribed offence
imposed under the law apart from this part and without
regard to the following (the base component)—(i)the sentence that must be imposed on the offenderunder paragraph (b);(ii) the control order that must be made for theoffender under section 161V;(b)(other than if a sentence of life imprisonment is imposedas the base component or the offender is already serving
a term of life imprisonment) a sentence of imprisonment(the mandatory component) for the lesser of thefollowing periods—(i)

7 years;(ii) the period of imprisonment provided for under the
maximum penalty for the prescribed offence.
Note—
See the Corrective Services Act 2006, sections 181(2A) and (2B)
and 181A(3) and (4) in relation to the parole eligibility date of an
offender whose sentence under this subsection does not include
a mandatory component.

(3) The mandatory component—(a)must be ordered to be served cumulatively with the basecomponent; and(b)despite any other provision of this Act under whichanother sentence may be ordered, must be ordered to beserved wholly in a corrective services facility; and(c)must not be mitigated or reduced under this Act oranother Act or any law.

(4) Also, if the offender is serving, or has been sentenced to serve,
imprisonment for another offence, the mandatory component
must be ordered to be served cumulatively with theimprisonment for the other offence.
(5) Despite subsection (3)(a), if the base component does not
require the offender to immediately serve a sentence ofimprisonment in a corrective services facility—
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 195

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161S](a)the offender is to immediately begin to serve themandatory component; and(b)

the base component is to have effect, so far aspracticable, at the end of the mandatory component.

(6) If the court is sentencing the offender for more than 1prescribed offence committed with a serious organised crime
circumstance of aggravation, the court must impose themandatory component for only 1 of the offences.
(7) When deciding which prescribed offence to use for imposing
the mandatory component, the court must choose the offence
that will result in the offender serving the longest period of
imprisonment available under this Act or another Act for theoffences.
161S Cooperation with law enforcement agencies(1) Subject to subsections (2) and (3), sections 13A and 13B
apply for the sentencing of an offender who is convicted of aprescribed offence committed with a serious organised crime
circumstance of aggravation.
(2) For section 13A, an offender mentioned in subsection (1) istaken to have undertaken to cooperate with law enforcement
agencies in a proceeding about an offence, including a
confiscation proceeding, only if—(a)the offender has undertaken to cooperate with law
enforcement agencies in a proceeding about a major
criminal offence; and(b)the court is satisfied the cooperation will be ofsignificant use in a proceeding about a major criminal
offence.

(3) For section 13B, an offender mentioned in subsection (1) istaken to have significantly cooperated with a law enforcement
agency in its investigations about an offence or a confiscation
proceeding only if—

Page 196

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161T](a)the offender has significantly cooperated with a law
enforcement agency in its investigations about a major
criminal offence; and(b)the court is satisfied the cooperation has been, is or will
be of significant use to the law enforcement agency oranother law enforcement agency in its investigations
about a major criminal offence.

(4) This section applies despite section 161R(3) or (4).
(5) In this section—
major criminal offence means an indictable offence for which
the maximum penalty is at least 5 years imprisonment.

Division 3

Control orders

Subdivision 1

Making of orders

161T

Court may make control order whether or not conviction
recorded or other order madeA court may make a control order under this subdivision for
an offender whether or not it records a conviction or makes
another order for the offender under this Act or another Act.
161U Conditions(1) A control order for an offender may impose—(a)the conditions the court considers appropriate to protect
the public by preventing, restricting or disrupting theoffender’s involvement in serious criminal activity; and(b)the conditions the court considers necessary to enforce
the order.
Example—a condition requiring the offender to advise a law enforcement
officer if the offender changes address

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 197

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161U](2) Without limiting subsection (1)(a), a condition may—(a)prohibit the offender from—(i)

associating with a stated person or a person of astated class, including a person with whom theoffender has a personal relationship; or(ii) entering or being in the vicinity of a stated place ora place of a stated class; or(iii) acquiring or possessing a stated thing or a thing ofa stated class; or(b)restrict the means by which the offender communicateswith other persons; or(c)require the offender—(i)

to give a police officer or another stated personstated information by a stated time or at statedintervals; orExample of stated information—
the offender’s computer passwords(ii) to attend before a police officer or another statedperson by a stated time or at stated intervals.
Example—attending before the officer in charge of a stated police
station at weekly intervals(3) The control order must require the offender, within 24 hours
after the order takes effect, to deliver to the commissioner’s
custody at a stated police station anything the offender isprohibited from possessing under the order unless theoffender has lawfully disposed of possession of the thing
before the end of that period.
(4) Also, if the control order requires the person to give stated
information, the order must require the information to begiven in writing.
(5) Before imposing a condition mentioned in subsection (2)(a)(i)prohibiting the offender from associating with another personwith whom the offender has a personal relationship, the court
Page 198

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161V]

must consider the effect of the condition on the relationshipand whether the prohibition should relate only to a particularclass of activity or relate to activities generally.
(6) If the control order is made for the offender under section
161X, the order may not impose a condition other than acondition mentioned in subsection (1)(b) or (2)(a)(i) or (ii) or(b).
(7) The control order may not require the offender to—(a)give information if giving the information—(i)would disclose information that is the subject oflegal professional privilege; or(ii) would be a contravention of another Act; or(b)

if the offender is an individual—give information
relating to an offence with which the offender ischarged.

Note—
See section 161ZH for restrictions on the admissibility in a proceedingof information given under a control order.

(8) Subsections (6) and (7) apply despite subsection (1).
(9) In this section—
information includes a document.
161V When court must make order(1) A court sentencing an offender for a prescribed offence
committed with a serious organised crime circumstance ofaggravation must make a control order for the offender.
(2) However, if section 13A or 13B applies for the sentencing of
the offender, the court may, but need not, make a control orderfor the offender.
Note—
See section 161S in relation to the application of sections 13A and 13B
to the sentencing of an offender mentioned in subsection (1).

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 199

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161W]

161W When court may make order—offender who wasparticipant in criminal organisation(1) A court sentencing an offender for an indictable offence may
make a control order for the offender if—(a)section 161R does not apply to the sentencing of theoffender; and(b)the court is satisfied the offender was, at the time theoffence was committed, or at any time during the courseof the commission of the offence, a participant in acriminal organisation; and(c)the court considers that making the order is reasonably
necessary to protect the public by preventing, restricting
or disrupting the offender’s involvement in serious
criminal activity.

Notes—
1

See section 15 in relation to the information and sentencing
submissions the court may receive for sentencing the offender.

2

See also the Evidence Act 1977, section 132C.

(2) For subsection (1)(b), the offender’s participation in acriminal organisation need not be related to the indictableoffence for which the offender is being sentenced.
(3) A control order may be made under subsection (1) on the
court’s own initiative or on an application by the prosecutor.
(4) If the prosecutor intends to make an application undersubsection (3), the prosecutor must inform the court as soon
as practicable after the offender has been convicted of theindictable offence.
(5) This section applies whether the offender is convicted of theindictable offence summarily or on indictment.
161X When court may make order—offender convicted ofhabitual consorting(1) A court sentencing an offender for an offence against the
Criminal Code, section 77B may make a control order for theoffender if—
Page 200

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161Y](a)section 161R does not apply to the sentencing of theoffender; and(b)the court considers that making the order is reasonably
necessary to protect the public by preventing, restricting
or disrupting the offender’s involvement in serious
criminal activity.

(2) A control order may be made under subsection (1) on the
court’s own initiative or on an application by the prosecutor.
161Y When court may make order—offender convicted ofcontravening order(1) A court sentencing an offender for an offence against section
161ZI may make a control order for the offender if the court
considers that making the order is reasonably necessary toprotect the public by preventing, restricting or disrupting theoffender’s involvement in serious criminal activity.
(2) A control order may be made under subsection (1) on the
court’s own initiative or on application by the prosecutor.
161Z

Control order to be explained(1) Before making a control order for an offender, 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 order;
and

(c)

that the order may be amended or revoked on theapplication of the offender, a Crown prosecutor, a seniorpolice officer or an authorised corrective services
officer.

(2) The explanation must be made in language or in a way likely
to be readily understood by the offender.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 201

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZA]

161ZA Offender subject to existing control order(1) This section applies if—(a)the court must, or may, make a control order for an
offender under this subdivision; and(b)the offender is subject to a control order (an existing
control order).

(2) In making a further control order for the offender as
mentioned in subsection (1)(a), the court must have regard to
the conditions imposed on the offender under the existing
control order.
161ZB Duration(1) A control order for an offender must state the day the ordertakes effect.
(2) The stated day must be—(a)if the sentence imposed on the offender when the control
order is made requires the offender to immediately servea term of imprisonment in a corrective services facility,or the offender is already in custody in a corrective
services facility for another offence—the day theoffender is released from custody; or(b)otherwise—the day the control order is made.

(3) Unless it is sooner revoked under subdivision 2, a control
order remains in force until the day stated in the order, whichmust not be more than—(a)for an order made under section 161X—2 years after theorder takes effect; or(b)otherwise—5 years after the order takes effect.

(4) However, the period applying for a control order undersubsection (3)(a) or (b) is extended by, and the order remains
in force for, the following periods—(a)Page 202

any period for which the order is suspended under
section 161ZC;
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZC](b)

any period by which the order is extended under section
161ZI(5)(a).

(5) For subsection (2)(a), an offender is in custody in a corrective
services facility if the offender—(a)is serving imprisonment in the facility; or(b)is detained on remand in the facility.

161ZC Effect if offender is detained on remand or imprisoned(1) This section applies if, while a control order is in force for an
offender, the offender is detained in custody on remand or isserving a term of imprisonment.
(2) The control order is suspended for the period the offender isdetained or imprisoned.

Subdivision 2

Amendment and revocation oforders161ZD Application for amendment or revocation(1) The following persons may apply, in the approved form, forthe amendment or revocation of a control order—(a)a Crown prosecutor;(b)a senior police officer;(c)

an authorised corrective services officer;(d)the person subject to the order.

(2) The application may be made to—(a)a court of equivalent jurisdiction to the court that madethe control order; or(b)a court of higher jurisdiction, if the person subject to thecontrol order is before the court.

(3) An application under subsection (1) by the person subject tothe control order may be made only on the ground that—
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 203

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZD](a)the person can no longer reasonably comply with theorder; and(b)the person’s inability to comply with the order isbecause of a material change in the person’s
circumstances since—(i)if the order has previously been amended under
this subdivision—the order was last amended; or(ii) otherwise—the order was made.
(4) The application must be accompanied by—(a)

any affidavit the applicant intends to rely on at thehearing of the application; and(b)

if the application is for the amendment of the control
order—a draft of the order the applicant is seeking fromthe court.

(5) If the applicant is not the person subject to the control order,
the applicant must give a copy of the application, and any
documents required to accompany the application undersubsection (4), to the person subject to the order.
(6) If the applicant is the person subject to the control order, aproper officer of the court must give a copy of the application,
and any documents required to accompany the application
under subsection (4), to the prosecuting authority.
(7) The applicant must give the documents under subsection (5)or (6)—(a)as soon as practicable after the application is filed; and(b)

at least 21 days before the day on which the application
is to be heard.

(8) In this section—prosecuting authority means—(a)Page 204

if the prosecutor who appeared before the court when
the control order was made was a police officer—thecommissioner or a person authorised to accept theapplication on the commissioner’s behalf; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZE](b)

if the prosecutor who appeared before the court when
the control order was made was a Crown
prosecutor—the director of public prosecutions or aperson authorised to accept the application on the
director’s behalf.

161ZE Court may amend order or remit application(1) A court may, on an application made to it under section
161ZD for the amendment of a control order, amend the order
only if the court considers—(a)the person subject to the order can no longer reasonably
comply with the order; and(b)

if the applicant is the person subject to the order, theperson’s inability to comply with the order is because ofa material change in the person’s circumstances since—(i)if the order has previously been amended under
this subdivision—the order was last amended; or(ii) otherwise—the order was made; and(c)

it is reasonable in all the circumstances to amend theorder.

(2) An order amending the control order takes effect when theorder is made.
(3) If the application is made under section 161ZD(2) to a courtof higher jurisdiction than the court that made the control
order for the person, the court of higher jurisdiction may,instead of deciding the application, remit the application to
the court that made the control order or a court of equivalentjurisdiction to that court.
161ZF Court may revoke order(1) A court may, on an application made to it under section
161ZD for the revocation of a control order, revoke the order
only if the court considers—Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 205

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZG](a)the person subject to the order can no longer reasonably
comply with the order; and(b)the person’s inability to comply with the order isbecause of a material change in the person’s
circumstances since—(i)if the order has been amended—the order was last
amended; or(ii) otherwise—the order was made; and(c)

it is reasonable in all the circumstances to revoke theorder.

(2) The order revoking the control order takes effect when theorder is made.
161ZG Order amending or revoking control order to be given tointerested persons(1) This section applies if a court makes an order under section
161ZE or 161ZF (a relevant order) amending or revoking acontrol order.
(2) A proper officer of the court must immediately—(a)reduce the relevant order to writing; and(b)give a copy of the relevant order to—(i)the person the subject of the control order that wasamended or revoked by the relevant order; and(ii) if the prosecutor who appeared before the court
when the relevant order was made was a Crown
prosecutor—the director of public prosecutions ora person authorised to accept the order on the
director’s behalf; and(iii) the commissioner or a person authorised to accept
the order on the commissioner’s behalf; and(iv) the chief executive (corrective services).
(3) Failure to comply with subsection (2) does not invalidate theorder.
Page 206

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZH]

Subdivision 3

Restrictions on use of particular
information

161ZH Restrictions(1) This section applies to information given by a person incompliance with a condition of a control order, or registeredcorresponding control order, that requires the person to givestated information.
(2) The information is not admissible as evidence against theperson in a proceeding other than—(a)a proceeding against the person for an offence against
section 161ZI; or(b)a proceeding in which the person has adduced theinformation.

(3) In this section—
information includes a document.

Subdivision 4

Enforcement

161ZI Contravention of order(1) A person must not contravene a control order, or a registeredcorresponding control order, made for the person.
Maximum penalty—(a)for a first offence in relation to the order—3 years
imprisonment; or(b)for a later offence in relation to the order—5 years
imprisonment.

Note—
Under section 161Y, the court may also make a control order for a
person convicted of an offence against this section.

(2) An offence against subsection (1) is—
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 207

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZI](a)a misdemeanour, if the offence is a first offence inrelation to the control order or registered corresponding
control order; or(b)a crime, if the offence is a later offence in relation to thecontrol order or registered corresponding control order.

(3) An offence is a later offence to an earlier offence if the person
commits the offence after the person is convicted of the earlier
offence.
(4) For a control order, subsection (1) applies whether thecontravention of the order happens in or outside Queensland.
(5) Without limiting subsection (1), if a person contravenes acontrol order made for the person (an existing control order),the court may, instead of making a further control order forthe person under section 161Y, amend the existing control
order for the person by—(a)extending the order by not more than—(i)if the order was made under section 161X—2
years; or(ii) otherwise—5 years; or(b)imposing any further conditions the court could impose
if a further control order were made for the person.

(6) In a proceeding against a person for an offence against
subsection (1), it is a defence for the person to prove that theperson had a reasonable excuse for contravening the control
order or the registered corresponding control order.
(7) It is not a reasonable excuse for a person not to comply with acondition of a control order, or registered corresponding
control order, requiring the person to give stated informationthat complying with the condition might tend to incriminate
the person or expose the person to a penalty.
Note—
See section 161ZH for the restrictions applying to the use of the stated
information.

Page 208

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZI](8) In a proceeding against a person for a contravention of a
non-association condition, it is irrelevant whether or not theassociation related to the commission or potential commissionof an offence.
(9) In a proceeding against a person for a contravention of a
non-association condition that has an exception about
associating with a person with whom the person subject to thecontrol order, or the registered corresponding control order,
has a personal relationship, it is for the person subject to theorder to prove that the person had a personal relationship withthe other person at the relevant time.
(10) A person does not commit an offence against subsection (1) in
relation to a control order, or a registered corresponding
control order, by possessing a thing the person is prohibitedfrom possessing under the order unless the person is inpossession of the thing after the end of—(a)if the person is prohibited from possessing the thing
under the order as originally made and the order takes
effect when it is made—24 hours after the order ismade; or(b)

if the person is prohibited from possessing the thing
under the order as originally registered—24 hours after
the order takes effect; or(c)if the person is prohibited from possessing the thing
because of an amendment of the order—24 hours after
the amendment takes effect.

(11) In this section—
non-association condition means—(a)a condition of a control order mentioned in section
161U(2)(a)(i), whether or not the condition includes an
exception about associating with another person withwhom the person subject to the control order has apersonal relationship; or(b)a condition of a registered corresponding control orderthat corresponds to a condition mentioned in paragraph(a).

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 209

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZJ]

161ZJ Initial power to search and seize particular things(1) The power under this section—(a)may only be exercised in relation to a person subject to acontrol order, or a registered corresponding control
order, within 7 days after—(i)for a control order that takes effect when it ismade—the order is made; or(ii) for a registered corresponding control order—acopy of the order is given to the person under
section 161ZZA; and(b)

may only be exercised once for the premises occupiedby the person or, if the person occupies 2 or more
premises, once for each of the premises.

(2) A police officer may with the help, and using the force, that isreasonably necessary—(a)enter premises occupied by the person; and(b)search for and seize anything the person is prohibitedfrom possessing under the control order or the registeredcorresponding control order.

(3) Before first entering the premises, the police officer must do,or make a reasonable attempt to do, the following—(a)locate the person;(b)identify himself or herself to the person;(c)tell the person—(i)the purpose of the entry; and(ii) that the police officer is permitted under this Act toenter the premises without the person’s consent;and(iii) about the police officer’s powers under thissection;(d)Page 210

give the person an opportunity to allow the police officer
to enter the premises without using force.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZK](4) In this section—enter includes re-enter.
premises includes—(a)a building or structure, or part of a building or structure,of any type; and(b)a group of buildings or structures, or part of a group ofbuildings or structures, of any type; and(c)the land or water where a building or structure, or agroup of buildings or structures, is situated; and(d)a vehicle or caravan; and(e)a tent or cave; and(f)a boat; and(g)an ocean-going vessel; and(h)premises held under 2 or more titles or owners.

161ZK Things seized within the first 24 hours(1) This section applies if—(a)a person possesses a thing the person is prohibited frompossessing under a control order or a registeredcorresponding control order; and(b)a period of 24 hours has not passed since—(i)for a control order that takes effect when it ismade—the order was made; or(ii) for a registered corresponding control order—acopy of the order was given to the person under
section 161ZZA.
(2) A police officer may seize the thing under section 161ZJ.
(3) The seized thing must be—(a)kept in the commissioner’s custody while the orderremains in force; andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 211

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZL](b)

returned to the person when the control order stops
having effect, if the person is entitled to lawful
possession of the thing at that time.

161ZL Police powers for preventing contravention of control
order(1) This section applies if a police officer reasonably suspects anoffence against section 161ZI has been committed, is beingcommitted, or is about to be committed in relation to a control
order or a registered corresponding control order.
(2) The police officer may exercise 1 or more of the following
powers in relation to the person subject to the control order orregistered corresponding control order—(a)if the order prohibits the person from associating with astated person or a person of a stated class—require theperson subject to the order to leave a place where thestated person or person of the stated class is present andnot to return to the place within a stated reasonable timeof not more than 24 hours;(b)

if the order prohibits the person from entering or being
in the vicinity of a stated place or a place of a statedclass—require the person subject to the order to leave—(i)the stated place or a place of the stated class; or(ii) the vicinity of a place mentioned in subparagraph(i).
(3) However, subsection (2) does not apply if requiring the person
to leave the place may endanger the safety of the person or
another person.
(4) A requirement made under this section is taken to be arequirement made under the Police Powers andResponsibilities Act 2000.
Note—
Failure to comply with a requirement made under this section is anoffence against the Police Powers and Responsibilities Act 2000,
section 791.
Page 212

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZM](5) A person does not commit an offence against the Police
Powers and Responsibilities Act 2000, section 791 if—(a)the person was required to do something undersubsection (2); and(b)the court is not satisfied the police officer, at the time ofgiving the direction, had the suspicion mentioned insubsection (1).

(6) In this section—
place see the Police Powers and Responsibilities Act 2000,
schedule 6.
161ZM Authorised corrective services officer may give direction(1) If a control order, or registered corresponding control order,
for a person includes a condition requiring the person tocomply with a reasonable direction given by an authorised
corrective services officer about a stated matter, an authorised
corrective services officer may give the person a reasonabledirection about the stated matter.
(2) In giving a direction under subsection (1), an authorised
corrective services officer is subject to the directions of—(a)for a control order—the court that made the order; or(b)for a registered corresponding control order—theSupreme Court.

161ZN Proceeding after order no longer in force

A proceeding for a contravention of a control order, or aregistered corresponding control order, may be taken, and theoffender may be dealt with, under this subdivision for thecontravention even if the order is no longer in force.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 213

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZO]

161ZO Charge must be heard and decided summarily on
prosecution election(1) This section applies to a charge before a Magistrates Court of
an offence against section 161ZI.
(2) The charge must be heard and decided summarily if theprosecution elects to have the charge heard and decided
summarily.
(3) This section is subject to section 161ZQ.
161ZP Constitution of Magistrates Court

A Magistrates Court that summarily deals with a charge under
section 161ZO must be constituted by a magistrate.
161ZQ When Magistrates Court must abstain from jurisdiction(1) A Magistrates Court must abstain from dealing summarily
with a charge under section 161ZO if satisfied, at any stage,
and after hearing any submissions by the prosecutor and thedefence, that because of the nature or seriousness of theoffence or any other relevant consideration the defendant, if
convicted, may not be adequately punished on summaryconviction.
(2) If the court abstains from jurisdiction, the proceeding for the
charge must be conducted as a committal proceeding.
161ZR Charge may be heard and decided where defendantarrested or served

Without limiting the places at which a charge may be heardsummarily under section 161ZO, the charge may also beheard and decided at a place appointed for holding magistrates
courts within the district in which the defendant was arrestedon the charge or served with the summons for the charge
under the Justices Act 1886.

Page 214

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZS]

161ZS Time for prosecution

If a Magistrates Court hears and decides a charge summarily
under section 161ZO, the Magistrates Court has jurisdiction
despite the time that has elapsed from the time when thematter of complaint of the charge arose.
161ZT Maximum penalty for offence dealt with summarily(1) The maximum penalty that may be imposed on a summaryconviction for an offence against section 161ZI is 3 years
imprisonment.
(2) Subsection (1) does not limit section 161Y.
(3) However, in no case may a person be punished more than if
the offence had been dealt with on indictment.
161ZU Appeals against decision to decide charge summarily(1) This section applies if a person is summarily convicted orsentenced under section 161ZO.
(2) The grounds on which the person may appeal include that theMagistrates Court erred by deciding the conviction orsentence summarily.
(3) The grounds on which the Attorney-General may appeal
against sentence include that the Magistrates Court erred bydeciding the sentence summarily.
(4) On an appeal against a sentence relying on a ground that theMagistrates Court erred by proceeding summarily, the court
deciding the appeal may, if it decides to vary the sentence,
impose the sentence the court considers appropriate up to the
maximum sentence that could have been imposed if the matterhad been dealt with on indictment.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 215

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZV]

Subdivision 5

Corresponding control orders

161ZV Definitions for subdivision

In this subdivision—
court means the Supreme Court.
registrar means a registrar of the Supreme Court.
respondent see section 161ZY(1)(b).
161ZW Regulation may prescribe orders

A regulation may prescribe an order to be a corresponding
control order if the order—(a)is made under a law of another State; and(b)

has the same or a similar effect as a control order.

161ZX Application for registration of order(1) The commissioner may apply to the registrar for theregistration of a corresponding control order.
(2) The application must be accompanied by—(a)an affidavit that includes or is accompanied by—(i)a copy of the corresponding control order; and(ii) enough information to enable the registrar to findthat the order is a corresponding control order thatis in force; and(b)

any other affidavit the commissioner intends to rely onat the hearing of the application.

(3) Also, the application must state—(a)Page 216

whether the commissioner believes it is necessary forthe corresponding control order to be adapted or
modified for its effective operation in Queensland; andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZY](b)

if so, the details of the adaptation or modification thecommissioner believes is necessary.

Example—A condition of a corresponding control order is expressed in terms oflegislation of the State in which the order was made. The application
may state that the commissioner believes it is necessary for the order tobe modified to refer to Queensland legislation.

161ZY Registration of order(1) This section applies if the registrar is satisfied—(a)the corresponding control order is in force; and(b)the corresponding control order was served, or was
taken to be served, on the person for whom it was made(the respondent) under the law of the State in which theorder was made.

(2) The registrar must register the corresponding control order,whether or not the respondent is given notice of theapplication to the registrar.
(3) A registered corresponding control order is registered for theperiod during which the corresponding control order, as
originally made, is in force.
(4) A regulation may—(a)prescribe the way the registrar is to register acorresponding control order or an amended
corresponding control order; and(b)provide for the keeping of the register and access to it.

(5) Subsection (2) applies subject to section 161ZZ.
161ZZ Referral of order to court for adaptation or modification(1) This section applies if—(a)under section 161ZX(3)(b), the application states anadaptation or modification that the commissioner

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 217

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZZ]

believes is necessary for the effective operation of thecorresponding control order in Queensland; or(b)the registrar believes it is necessary for thecorresponding control order to be adapted or modified
for its effective operation in Queensland.

(2) The registrar must refer the corresponding control order to thecourt for adaptation or modification.
(3) The commissioner must give the respondent—(a)a copy of the application for registration of thecorresponding control order; and(b)a copy of any accompanying affidavit; and(c)an appearance notice.

(4) The application may be heard in the respondent’s absence if
the court is satisfied the respondent has been given the
documents mentioned in subsection (3).
(5) However, the court may, at any time before deciding theapplication, direct the commissioner to give the respondent afurther appearance notice.
(6) The court may amend the corresponding control order for the
purposes of its registration by adapting or modifying it in a
way the court considers necessary or desirable for its effective
operation in Queensland.
(7) For amending the corresponding control order as mentioned
in subsection (6), the court must consider—(a)anything the court could consider on an application
under subdivision 1 for a control order; and(b)

any changes in the respondent’s circumstances since theorder was made.

(8) The registrar must register the corresponding control order as
amended by the court.
(9) In this section—

Page 218

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZZA]

appearance notice means a notice in the approved form
stating the following in relation to a corresponding control
order—(a)that an application for the registration of the order has
been referred to the court;(b)when and where the application is to be heard;(c)that the respondent may appear at the hearing of theapplication in person or be represented by a lawyer;(d)that, if the respondent fails to appear at the hearing of
the application, the court may register the order, or theorder as amended by the court, in the respondent’s
absence.

161ZZA Action by the registrar and commissioner after
registration of order(1) The registrar must, within 2 business days after registering acorresponding control order, give the commissioner acertificate of the registration that attaches a copy of theregistered order.
(2) The commissioner must, as soon as practicable after receivinga copy of the registered corresponding control order, give therespondent a copy of the registered order.
(3) Failure to comply with subsection (2) does not affect thevalidity of the registration of the corresponding control order.
(4) However, the registered corresponding control order has noeffect on the respondent until the respondent is given a copyof the registered order.
(5) The registrar may not ask the commissioner for any fee, or
reimbursement for any expenses incurred, under thissubdivision.
161ZZB Effect of amended order if respondent not notified ofamendment(1) This section applies if—
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 219

Penalties and Sentences Act 1992
Part 9D Serious and organised crime[s 161ZZC](a)a corresponding control order has been amended under
section 161ZZ; and(b)

the respondent has not been notified of the amendment.

(2) Until the respondent is notified of the amendment, theregistered corresponding control order has effect and isenforceable against the respondent as if it had not been
amended.
161ZZC Amendment or cancellation of registered order(1) The court may, on application, amend or cancel a registeredcorresponding control order.
(2) Subdivision 2, other than section 161ZD(2), applies to theregistered corresponding control order as if—(a)a reference in the subdivision to a control order were areference to a registered corresponding control order;
and

(b)

a reference in the subdivision to the revocation of acontrol order were a reference to the cancellation of aregistered corresponding control order; and(c)a reference in the subdivision to when a control order
was last amended under subdivision 2 were a reference
to when a registered corresponding control order waslast amended under this section; and(d)a reference in the subdivision to when a control order
was made were a reference to when a registeredcorresponding control order was registered under thissubdivision; and(e)a reference in the subdivision to the prosecuting
authority were a reference to the commissioner or aperson authorised to accept an application made under
this section on the commissioner’s behalf.

(3) If the court cancels the registration of a registeredcorresponding control order under this section, the order, orPage 220

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 10 Indefinite sentences[s 161ZZD]

the order as amended under this Act, stops having effect inQueensland.
161ZZD Operation of order not affected

Sections 161ZZA(4) and 161ZZB(2) do not affect any
operation that a corresponding control order would, apartfrom this division, have in Queensland.

Subdivision 6

Miscellaneous

161ZZE Order not affected by appeal

The starting of an appeal against the making of a control order
for a person does not affect the order.

Part 10162

Indefinite sentences

Definitions

In this part—indefinite sentence means a sentence of imprisonment for anindefinite term that—(a)must be reviewed under this part; and(b)is to continue until a court orders that the indefinite termof imprisonment is discharged.

nominal sentence has the meaning given by section 163(2).
qualifying offence means an indictable offence—(a)against a provision of the Criminal Code mentioned inschedule 2, as in force at any time (a relevant Codeprovision); or(b)

that involved counselling or procuring the commissionof, or attempting or conspiring to commit, a relevant
Code provision.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 221Penalties and Sentences Act 1992
Part 10 Indefinite sentences[s 163]163

Indefinite sentence—imposition(1) A court may, instead of imposing a fixed term of
imprisonment, impose an indefinite sentence on an offenderconvicted of a qualifying offence on—(a)its own initiative; or(b)

an application made by counsel for the prosecution.

(2) In imposing sentence under subsection (1), the court muststate in its order the term of imprisonment (the nominal
sentence) that it would have imposed had it not imposed an
indefinite sentence.
(3) Before a sentence is imposed under subsection (1), the court
must be satisfied—(a)that the Mental Health Act 2016, chapter 5, part 3, does
not apply; and(b)that the offender is a serious danger to the community
because of—(i)the offender’s antecedents, character, age, health ormental condition; and(ii) the severity of the qualifying offence; and(iii) any special circumstances.
(4) In determining whether the offender is a serious danger to thecommunity, the court must have regard to—Page 222(a)whether the nature of the offence is exceptional; and(b)the offender’s antecedents, age and character; and(c)any medical, psychiatric, prison or other relevant reportin relation to the offender; and(d)the risk of serious harm to members of the community if
an indefinite sentence were not imposed; and(e)the need to protect members of the community from therisk mentioned in paragraph (d).

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 10 Indefinite sentences[s 164](5) Subsection (4) does not limit the matters to which a court may
have regard in determining whether to impose an indefinite
sentence.
164

Counsel for prosecution to inform court(1) If counsel for the prosecution intends to make an application
under section 163(1)(b), counsel must inform the court after
the offender has been convicted of the offence.
(2) The application must be made within 15 business days after
the conviction.
(3) The court must allow any necessary adjournment to allow a
consent under section 165(1) to be obtained.
(4) On being informed under subsection (1), the court must
remand the offender in custody and must not grant theoffender bail.
165

Attorney-General’s consent(1) An application under section 163(1)(b) may be made only if
the Attorney-General has consented, in writing, to the makingof the request.
(2) Consent must not be given under subsection (1) before theoffender is convicted of the qualifying offence.
166

Adjournment

A court may impose an indefinite sentence on the offender
only if—(a)the offender is advised at, or shortly after, the time ofconviction that the court may consider imposing an
indefinite sentence on—(i)its own initiative; or(ii) an application madeprosecution; andbyCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

counselforthePage 223

Penalties and Sentences Act 1992
Part 10 Indefinite sentences[s 166A](b)

the court has, after advising the offender underparagraph (a), adjourned the offender’s sentencing for
not less than 20 business days from the day ofconviction of the qualifying offence so that evidence on
sentence may be received by the court.

166A Reports about offender(1) This section applies when the court adjourns the offender’ssentencing.
(2) The court must make an order that the chief executive(corrective services) must—(a)

prepare for the court a report about the offender; and(b)give the court the report within a stated period.

(3) The court may also order the chief executive (corrective
services) to provide or obtain any other report that the court
considers appropriate to enable it to impose the proper
sentence.
(4) In this section—
report includes an assessment of, or information about, theprisoner.
166B Distribution of reports(1) On receipt of a report under section 166A the court must givea copy to—(a)the prosecution; and(b)the offender’s lawyers.

(2) The court must ensure the prosecution and the offender’slawyers have sufficient time before the sentencing to consider
and respond to the report.
(3) The court may order the report, or part of the report, not beshown to the offender.

Page 224

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 10 Indefinite sentences[s 166C]

166C Use of reports(1) The offender’s lawyers may, before the offender’s sentencing
is to take place, file with the court a notice of intention to
dispute the whole or any part of a report given under
section 166A.
(2) If a notice is filed under subsection (1), the court must not
take the report or the part in dispute into consideration on thesentencing unless the offender’s lawyers have been given theopportunity—

167

(a)

to lead evidence on the disputed matters; and(b)

to cross-examine the author of the report on its contents.

Evidence(1) Subject to the admissibility of the evidence, before a court
imposes an indefinite sentence it must—(a)hear evidence called by the prosecution; and(b)hear evidence given or called by the offender, if theoffender elects to give or call evidence.

(2) Subject to subsection (3), ordinary rules of evidence apply toevidence given or called under subsection (1).
(3) In deciding whether the offender is a serious danger to thecommunity, the court may have regard to anything relevant to
the issue contained in the transcript of, or any medical or otherreport tendered in, any proceeding against the offender for aqualifying offence.
(4) Subsections (1) and (2) do not affect the admissibility of areport given under section 166A or any matter contained in
the report.
(5) In this section—transcript, of a proceeding, means a transcription of a record
under the Recording of Evidence Act 1962 of the proceeding.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 225

Penalties and Sentences Act 1992
Part 10 Indefinite sentences[s 168]168

Court to give reasons(1) If a court imposes an indefinite sentence, it must give detailed
reasons for imposing the sentence.
(2) The reasons must be given at the time the indefinite sentence
is imposed.
169

Onus of proof

The prosecution has the onus of proving that an offender is aserious danger to the community.
170

Standard of proof

A court may make a finding that an offender is a serious
danger to the community only if it is satisfied—(a)by acceptable, cogent evidence; and(b)to a high degree of probability;that the evidence is of sufficient weight to justify the finding.
171

Review—periodic(1) A court that imposes an indefinite sentence, or a court of likejurisdiction—(a)must for the first time review the indefinite sentence
within 6 months after an offender has served the periodof time stated in subsection (2) or (2A); and(b)must review the indefinite sentence at subsequentintervals of not more than 2 years from when the last
review was made.

(2) For subsection (1)(a), the period of time the offender musthave served is—(a)

for an offender whose nominal sentence is life
imprisonment for an offence of murder—(i)

Page 226

if the Criminal Code, section 305(2) applies on
sentence—30 years; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 10 Indefinite sentences[s 171](ii) if the Criminal Code, section 305(4) applies on
sentence—25 years; or(iii) otherwise—20 years; or(b)

if the offender’s nominal sentence is life imprisonment
and paragraph (a) does not apply—15 years; or(c)if the offender’s nominal sentence is a term of
imprisonment other than life for an offence against the
Criminal Code, section 314A—the lesser of thefollowing—(i)

80% of the offender’s nominal sentence;(ii) 15 years; or(d)otherwise—50% of the offender’s nominal sentence.

(2A) However, for subsection (1)(a), if the indefinite sentence is
imposed on the offender as the base component of a sentence
under section 161R(2), the period of time the offender musthave served is worked out by adding the relevant further
period to the period of time the offender would otherwise berequired to have served under subsection (2).
(3) Subject to section 172, the director of public prosecutions
must make any application that is required to be made tocause the reviews mentioned in subsection (1) to be carriedout.
(4) A court that imposes an indefinite sentence for which thenominal sentence is, under section 161E(2), life imprisonment
or a court of like jurisdiction must for the first time review theindefinite sentence within 6 months after the offender has
served 20 years and not the 15 years or 50% of the nominal
sentence as prescribed under a previous subsection.
(5) In this section—
relevant further period, in relation to an offender whose
indefinite sentence is imposed as the base component of asentence under section 161R(2), means the period of themandatory component of the sentence imposed on theoffender under that section.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 227

Penalties and Sentences Act 1992
Part 10 Indefinite sentences[s 172]

172

Review—application by offender imprisoned(1) An offender imprisoned on an indefinite sentence may apply
to the court for the indefinite sentence to be reviewed at any
time after the court makes its first review under
section 171(1)(a) if a court gives leave to apply on the groundthat there are exceptional circumstances that relate to theoffender.
(2) The court must immediately forward a copy of the application
to the director of public prosecutions.
(3) Within 10 business days after the making of the application,
the court must give directions to enable the application to beheard.
(4) Subject to any directions given by the court, the applicationmust be heard within 20 business days from the day on which
it is made.
172A Distribution of reports(1) The court must, a reasonable time before a review under
section 171 or 172 is to take place, cause a copy of a reportordered by it under section 176 to be provided to—(a)the director of public prosecutions; and(b)the legal practitioner representing the offender; and(c)the offender, if the court has so directed; and(d)any victim, within the meaning of the Victims of Crime
Assistance Act 2009, section 5, of the offence for which
the indefinite sentence was imposed, if the court has so
decided.

(2) If the prosecution or the defence has caused a report about theoffender to be prepared for a review under section 171 or 172,
it must, a reasonable time before the review is to take place—

Page 228(a)file the report with the court; and(b)provide a copy of the report to the director of publicprosecutions or the legal practitioner representing theoffender, as the case requires.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 10 Indefinite sentences[s 172B]

172B Disputed report(1) The director of public prosecutions or the offender may filewith the court a notice of intention to dispute the whole or any
part of a report provided under section 172A.
(2) If a notice is filed under subsection (1) before the review is totake place, the court must not take the report or the part in
dispute into consideration on the hearing of the review unlessthe party that filed the notice has been given the opportunity—(a)to lead evidence on the disputed matters; and(b)

to cross-examine the author of the report on its contents.

172C Review hearing

On the hearing of a review under section 171 or 172, a court
must—
(a)

give both the director of public prosecutions and theoffender the opportunity to lead admissible evidence on
any relevant matter; and(b)subject to section 172B, take into consideration any
report in respect of the offender that is filed with thecourt; and(c)have regard to any submissions on the review made to it;
and

(d)

have regard to the rights stated in the victims charter
under the Victims of Crime Assistance Act 2009.

172D Court not to have regard to possible order under
Dangerous Prisoners (Sexual Offenders) Act 2003

A court hearing a review under section 171 or 172 must nothave regard to whether or not the offender—(a)

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

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

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 229

Penalties and Sentences Act 1992
Part 10 Indefinite sentences[s 173]Note—
See also section 9(9)(b) (Sentencing guidelines).

173

Indefinite sentence discharged(1) Unless it is satisfied that the offender is still a serious danger
to the community when a review is made under section 171 or
172, the court must—(a)order that the indefinite sentence is discharged; and(b)

impose a sentence (a finite sentence) on the offenderunder this Act for the qualifying offence for which theindefinite sentence was imposed.

(2) If a court does not make an order under subsection (1)(a), theindefinite sentence continues in force.
(3) A finite sentence—

174

(a)

is taken to have started on the day the indefinite
sentence was originally imposed; and(b)takes the place of the indefinite sentence; and(c)must be not less than the nominal sentence.

Parole application if finite sentence imposed(1) An offender on whom a finite sentence has been imposed may
apply under the Corrective Services Act 2006 for release onparole under that Act.
(2) However, an application under subsection (1) can not be madeless than 6 months before the relevant period of imprisonment
for the offender ends.
(3) If the decision on the application is to grant the parole, theQueensland board must decide the parole period.
(4) The board can not on the application decide a parole periodthat ends before the relevant period of imprisonment ends.
(5) The board may decide a parole period that ends after the
relevant period of imprisonment ends.
Page 230

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 10 Indefinite sentences[s 174A](6) The parole period decided by the board must be 5 years,
subject to subsections (7) and (8).
(7) The parole period may be more than 5 years if—(a)the rest of the offender’s period of imprisonment
immediately before deciding the parole period is morethan 5 years (the remaining period); and(b)the parole period is the remaining period.

(8) The parole period may be less than 5 years only if the board
considers that period is appropriate having regard to any
relevant board guidelines.
(9) In this section—
relevant period of imprisonment, for the offender, means aperiod of imprisonment for the offender consisting of or
including a finite term of imprisonment, whether or not thefinite term has ended.
174A When parole order must be made(1) This section applies if an offender on whom a finite sentence
has been imposed is not currently on parole 6 months before
the relevant period of imprisonment for the offender ends (the6-month period).
(2) To remove any doubt, it is declared that this section applies
even if the offender made an application under section 174 (anoffender application) that has not been not decided.
(3) The Queensland board must, within the 6-month period, makea parole order under the Corrective Services Act 2006,section 194.
(4) If the offender has made an offender application,subsection (3) applies even if the decision on the application
was not or would not have been to grant the parole.
(5) If the offender has not made an offender application,subsection (3) applies as if the offender had lawfully made an
offender application.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 231

Penalties and Sentences Act 1992
Part 10 Indefinite sentences[s 174B]Note—
The word ‘lawfully’ is necessary because ordinarily an offenderapplication within the 6-month period would be prevented under
section 174(2).

(6) The parole order may order the offender’s release at any time
during or at the end of the 6-month period for a parole period
ending after the relevant period of imprisonment ends.
(7) The board must decide the parole period which is to start fromthe release.
(8) The parole period decided by the board must be 5 years,
subject to subsection (9).
(9) The parole period may be less than 5 years only if the board
considers that period is appropriate having regard to any
relevant board guidelines.
(10) In this section—
relevant period of imprisonment, for the offender, see section
174(9).
174B Provisions for parole orders under part

(1) This section applies if a parole order is made under
section 174 or 174A.
(2) The Corrective Services Act 2006, chapter 5, part 1, divisions
5 and 6 apply to the parole order.
(3) The Dangerous Prisoners (Sexual Offenders) Act 2003
continues to apply to a prisoner, within the meaning ofsection 5(6) of that Act, who is or has been subject to theapplication of section 174 or 174A.
Note—
See also the Dangerous Prisoners (Sexual Offenders) Act 2003,
section 51 (Parole).

(4) During the parole period decided under section 174 or 174A,
the offender must be under the authority of the Queensland
board and the supervision of an authorised corrective services
officer.
Page 232

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 10 Indefinite sentences[s 174C](5) Subsections (6) and (7) apply if (other than for this section)
there would exist a period (the gap period) between the end of
the relevant period of imprisonment for the offender and thelast day of the parole period.
(6) The finite term included in the relevant period of
imprisonment is taken to be extended by the gap period.
(7) Any term of imprisonment ordered to be served cumulatively
with the finite term is taken to be ordered to be served
cumulatively with the finite term as extended.
(8) In this section—
relevant period of imprisonment, for the offender, see section
174(9).
174C Parole provisions on cancellation of parole order(1) This section applies if a parole order under section 174 or
174A is made for an offender and the order is cancelled.
(2) No further parole order may be made under either section
against the offender.
(3) Any extension of the finite term under section 174B(6)continues to apply and is not affected by the cancellation.
(4) To remove any doubt, it is declared that this section does not
limit the offender’s ability under the Corrective Services Act
2006 to apply for, or to be granted, further parole.
(5) The Queensland board must hear and decide any application
for the further parole.
176

Registrar of court to give report(1) For a review under section 171 or 172, the court may direct
the registrar of the court to give to the court—(a)reports provided by the chief executive (corrective
services) or the chief executive of the department inwhich the Hospital and Health Boards Act 2011 isCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 233

Penalties and Sentences Act 1992
Part 10 Indefinite sentences[s 177]

administered or such other similar persons or bodies as
the court considers appropriate; and(b)such other reports as the court considers appropriate.

(2) A person who is requested by the registrar to give to theregistrar reports mentioned in subsection (1) must comply
with the request.
(3) Reports mentioned in subsection (1)(a) are to be relevant to
the period from the time the indefinite sentence was imposedon the offender or the last review was made by the court.
(4) The Hospital and Health Boards Act 2011, section 142(1),does not apply to a designated person under part 7 of that Act
who gives a report or information to a court or the registrar of
the court for this part.
(5) Reports mentioned in subsection (1) are in addition to any
other evidence that may be placed before the court.
177

Appeals—general

For the purposes of the Criminal Code, chapter 67—(a)an indefinite sentence imposed under section 163; and(b)

if a court, on making a review under section 171 or
172—
(i)

refuses to act under section 173—the refusal; or(ii) acts under section 173—the sentence imposed;
is taken to be a sentence imposed on conviction.
178

Appeals—Attorney-General

The Attorney-General may appeal to the Court of Appeal
against—Page 234(a)the making of an order under section 173(1)(a); and(b)a sentence imposed under section 173(1)(b).

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 10 Indefinite sentences[s 179]179

Hearings—offender to be present(1) Subject to this section, the offender must be present during thehearing of—(a)evidence under section 167; and(b)

an application made under section 171 or 172.

(2) A court may order that, at the time evidence under section 167
is to be heard, the chief executive (corrective services) bringthe offender before the court.
(3) On the hearing of an application made under section 171 or
172, the court may order the chief executive (corrective
services) to bring the offender before the court.
(4) If the offender acts in a way that makes the hearing of theevidence or application in the offender’s presence
impracticable, the court may order that—(a)the offender be removed; and(b)the hearing of the application continue in the offender’sabsence.

(5) If the court is satisfied that the offender is unable to be present
during the hearing of the evidence or application because of
the offender’s illness or another reason, the court may allow
the offender to be absent during the whole or a part of thehearing if it is satisfied that—(a)the offender’s interests will not be prejudiced by thehearing continuing in the offender’s absence; and(b)

the interests of justice require that the hearing should
continue in the offender’s absence.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 235

Penalties and Sentences Act 1992
Part 10A Offender levy[s 179A]

Part 10A

Offender levy

179A Purpose of pt 10A

The purpose of this part is to provide for a levy imposed on an
offender on sentence to help pay generally for the cost of law
enforcement and administration.
179B Definition for partIn this part—proper officer of the court, for an offender levy, means theproper officer of the court that imposed the sentence for which
the offender is liable to pay the levy.
179C Imposition of offender levy

(1) On being sentenced for an offence, an offender becomes liable
to pay the State a levy (the offender levy).
(2) Subsection (1) applies whether or not a conviction is recorded.
(3) If in the same sentencing proceeding the court sentences theoffender for more than 1 offence, only one levy is payable forall the offences.
Examples—1

An offender is sentenced in the same proceeding for more than 1
offence charged in a single indictment, complaint or other form of
charge.

2

An offender is sentenced in the same proceeding on more than 1
indictment, complaint or other form of charge.

(4) The imposition of the levy is not a sentence (including
punishment) and is in addition to any sentence imposed by the
court for the offence.
(5) The levy is the amount prescribed under a regulation.
Note—
This Act does not prescribe a limit to the amount that may beprescribed under a regulation.
Page 236

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 10A Offender levy[s 179D](6) This section does not apply to an offence under the Bail Act
1980, section 29 or 33.
(7) This section is subject to section 179D.
179D Subsequent sentences(1) This section applies if—(a)the sentencing court sentences the offender for an
offence (the original sentence); and(b)subsequently, a court, whether or not differently
constituted, resentences the offender.

(2) The liability of the offender to pay the levy for the original
sentence is unaffected but the offender is not liable to pay anoffender levy for the resentence.
(3) In this section—
resentence includes, on appeal or otherwise, in relation to thesentencing of the offender, any of the following—(a)substitute another sentence;(b)further deal with the offender including make a further
order;(c)confirm, vary or amend the sentence or order made on
the original sentence.

Examples of resentences under this Act—
Orders made under section 20(1)(a), 20(2), 27(1)(c), 27(2), 33A(1),33A(3), 33B(1)(a), 33B(2), 33C(7), 38(1), 39A, 43D(8), 43F(4),43L(7), 43O(4), 60(1), 68(1), 74(7), 80(1), 120(1), 121(1), 125(4)(a),126(4), 127(1), 147(1), 159A(5)(b), 173(1), 173(2), 182(5)(a),182(7)(b), 185(1), 188(3), 188(4) or 195(5).

179E Payment of offender levy

(1) The offender must pay the offender levy under subsection (2)or (3).

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 237

Penalties and Sentences Act 1992
Part 10A Offender levy[s 179F](2) If the particulars of the levy have been registered with SPER
under section 179F, the offender must pay the levy under the
SPE Act.
(3) However, if the particulars of the levy have not been registeredwith SPER under section 179F, the offender must pay the levy
to the proper officer of the court.
179F

Enforcement of offender levy by registration(1) When an offender becomes liable to pay the offender levy
under section 179C, the proper officer of the court must givethe same particulars in relation to the levy to the SPER
registrar for registration that it would give if—(a)the court made an order fining the offender the amountof the levy for the offence; and(b)the proper officer were the registrar of the court; andNote—
The SPE Act uses the term ‘registrar of the court’.

(c)the particulars were the prescribed particulars of theunpaid amount of the fine.

(2) The SPER registrar must register the particulars.
(3) For the purposes of registration, and on registration, the SPE
Act, other than the excluded provisions, applies, with allnecessary and convenient changes, to the levy and to theoffender in the same way as it applies—(a)to the unpaid amount of a fine, for an offence, imposedby a court on a person the particulars of which areregistered; and(b)to that person.

(4) The requirement under subsection (1)(c) to give prescribedparticulars is subject to a regulation made under the SPE Act
for offender levies.

Page 238

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 10A Offender levy[s 179G](5) The proper officer may give amended particulars to SPER forregistration if amendment of the particulars is necessary
because of error.
(6) This section does not apply if all of the amount of the levy is
paid under section 179E(3) before the particulars have been
given under subsection (1).
(7) In this section—
excluded provisions means the following provisions of the
SPE Act—(a)provisions of that Act relating to infringement notices;(b)

section 41(c) and the other provisions of that Act
relating to fine option orders;(c)section 52 to the extent it applies to an arrest andimprisonment warrant, and the other provisions of that
Act relating to arrest and imprisonment warrants;(d)section 54;(e)part 6;(f)part 8.

prescribed particulars see the SPE Act, schedule 2.
registration means registration under the SPE Act, section 34.
SPER registrar means the registrar under the SPE Act.
179G Amounts to be satisfied before satisfying offender levy

An amount paid under section 179E(3) must first be appliedby the proper officer towards satisfying an unpaid amount,known to the proper officer, ordered by a court for thefollowing—(a)compensation;(b)

restitution;(c)damages;(d)a fixed portion of a penalty.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 239

Penalties and Sentences Act 1992
Part 10B Victim impact statements[s 179H]

Note—
See also the Justices Act 1886, section 175A.

179H Effect of appeal against relevant convictions(1) This section applies if—(a)the offender has paid all or part of the offender levy
under section 179E(3); and(b)

on appeal all convictions that resulted in the impositionof the offender levy are quashed.

(2) The proper officer must refund to the offender any amount
paid to the proper officer for the offender levy.

Part 10B
179I

Victim impact statements

Definitions for partIn this part—
harm means physical, mental or emotional harm.
victim see the Victims of Crime Assistance Act 2009, section
5, including a victim mentioned in section 5(3) of that Act.
victim impact statement means a written statement that—(a)is signed and dated; and(b)states the particulars of the harm caused to a victim by
an offence; and(c)may have attached to it—(i)documents supporting the particulars, including,for example, medical reports; or(ii) photographs, drawings or other images.

Page 240

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 10B Victim impact statements[s 179J]

179J

Application of part

This part applies for sentencing an offender for an offence thatis a crime within the meaning of the Victims of Crime
Assistance Act 2009, section 6.
179K Giving details of impact of crime on victim during
sentencing(1) A victim of the offence is to be permitted to give theprosecutor for the offence details of the harm caused to thevictim by the offence, for the purpose of the prosecutor
informing the sentencing court.
Notes—
1

If the offender’s mental condition relating to the offence is referredto the Mental Health Court under the Mental Health Act 2016, seesection 162 of that Act for the information a victim of the offence
may give that court to help it make a decision on the reference.

2

See also the victim’s rights set out in the victims charter under theVictims of Crime Assistance Act 2009.

(2) The prosecutor may continue with the sentencing proceeding
without having permitted the victim to give details of the harm
if it is reasonable to do so in the circumstances, having regard
to the following matters—(a)the interests of justice;(b)whether permitting the details of the harm to be given
would unreasonably delay the sentencing of theoffender;(c)anything else that may adversely affect thereasonableness or practicality of permitting details of
the harm to be given.

(3) If details of the harm are given to the prosecutor, theprosecutor must—(a)decide what, if any, details are appropriate to be given to
the sentencing court; andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 241

Penalties and Sentences Act 1992
Part 10B Victim impact statements[s 179L](b)give the appropriate details to the sentencing court,
whether or not in the form of a victim impact statement
under section 179L.

Note—
In sentencing the offender, the sentencing court must have regard to theharm done to, or impact of the offence on, the victim under—(a) section 9(2)(c)(i); or(b) if the offender is a child—the Youth Justice Act 1992, section
150(1)(h).

(4) In deciding what details are appropriate, the prosecutor may
have regard to the victim’s wishes.
(5) The fact that details of the harm caused to a victim by theoffence are absent at the sentencing does not, of itself, giverise to an inference that the offence caused little or no harm to
the victim.
(6) To remove any doubt, it is declared that it is not mandatory fora victim to give the prosecutor details of the harm caused to
the victim by the offence.
(7) Subject to section 179M, the sentencing court is to decide if,
and how, details of the harm are to be given to the court inaccordance with the rules of evidence and the practices andprocedures applying to the court.
Example of how details of harm may be given to sentencing court—
production of a victim impact statement to the sentencing court

179L

Preparation of victim impact statement(1) For section 179K(3), details of the harm caused to a victim by
the offence may be given to the prosecutor in the form of a
victim impact statement prepared by—Page 242(a)the victim; or(b)another person if the victim can not give the statement
because of the victim’s age or impaired capacity.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 10B Victim impact statements[s 179M](2) If a victim impact statement is given to the prosecutor
electronically, the statement is taken to have been signed by
the person who gives it.
179M Reading aloud of victim impact statement during
sentencing(1) This section applies if a person has prepared a victim impact
statement under section 179L.
(2) The prosecutor for the offence may request, orally or inwriting, that all or part of the victim impact statement be read
aloud before the court by—(a)if the person who prepared the statement wishes to readit—the person; or(b)

if the person who prepared the statement wishes theprosecutor to read it—the prosecutor.

(3) If a request is made under subsection (2), the court must allow
the person stated in the request to read the whole of the victim
impact statement, or a part of the victim impact statement
identified in the request, aloud before the court unless thecourt considers that, having regard to all relevant
circumstances, it is inappropriate to do so.
(4) To remove any doubt, it is declared that—(a)the purpose of the reading aloud of the victim impact
statement before the court is to provide a therapeutic
benefit to the victim; and(b)

it is not necessary for a person, reading aloud the victim
impact statement before the court under this section, toread the statement under oath or affirmation.

179N Special arrangements for reading aloud of victim impact
statement during sentencing(1) This section applies if a person who is to read aloud a victim
impact statement (the reader) is the person who prepared thestatement.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 243

Penalties and Sentences Act 1992
Part 10B Victim impact statements[s 179N](2) The sentencing court may, on its own initiative or on theapplication of the prosecutor for the offence, direct that any of
the following arrangements be made that the court considers,having regard to all relevant circumstances, are appropriate—(a)that, while the reader is reading aloud the victim impact
statement before the court, the offender be obscured
from the view of the reader;(b)that, while the reader is reading aloud the victim impact
statement before the court, all persons other than thosespecified by the court be excluded from the courtroom;(c)that a person approved by the court be present while thereader is reading aloud the victim impact statement toprovide emotional support to the reader;(d)

if there is an audiovisual link within the court
precincts—that the reader read aloud the victim impact
statement outside the courtroom and the reading betransmitted to the courtroom by means of theaudiovisual link.

(3) For subsection (2)(c), the person providing emotional support
to the reader must be permitted to be in close proximity to thereader, and within the reader’s sight, while the reader isreading aloud the victim impact statement before the court.
(4) For subsection (2)(d)—(a)

the place outside the courtroom from which the reader
reads aloud the victim impact statement is taken to bepart of the sentencing court; and(b)

it is not necessary that the place be within the court
precincts.

(5) The court may, on its own initiative or on the application of
the prosecutor, vary or revoke a direction made undersubsection (2).

Page 244

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 11 General[s 180]Part 11
180

GeneralEffect of alterations in sentences(1) If a provision of this or another Act increases the sentence, or
the maximum or minimum sentence, for an offence, theincrease applies only to offences committed after thecommencement of the provision.
(2) If a provision of this or another Act reduces the sentence, or
the maximum or minimum sentence, for an offence, thereduction—(a)extends to offences committedcommencement of the provision; but

beforethe(b)does not affect any sentence imposed before thecommencement.

180A Meaning of certain sentence provisions

A provision of an Act that provides to the effect that the
maximum penalty for an offence may be a fine or
imprisonment means that the sentencing court may order theoffender—(a)to pay a fine; or(b)

to be imprisoned; or(c)to pay a fine and also to be imprisoned.

Example—‘Maximum penalty—100 penalty units or imprisonment for 2 years’means the offender is liable to—(a) a maximum fine of 100 penalty units; or(b) maximum imprisonment of 2 years; or(c) a maximum fine of 100 penalty units and also maximum
imprisonment of 2 years.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 245

Penalties and Sentences Act 1992
Part 11 General[s 181]

181

Corporations entitled to aggrieved party payments

If under this Act or another Act a penalty or forfeiture ispayable to a party aggrieved, it is payable to a corporation if
the corporation is the party aggrieved.
181A Corporations to be fined if imprisonment is the only
penalty(1) If—(a)an Act provides that the punishment for an offence
against a provision of the Act is imprisonment only; and(b)a body corporate is convicted of having committed theoffence;the court by or before which the body corporate is convicted
may impose a fine on the body corporate determined undersubsection (2).
(2) The fine mentioned in subsection (1) may be—(a)if the imprisonment is not more than 6 months—not
more than 415 penalty units; or(b)

if the imprisonment is more than 6 months but not morethan 1 year—not more than 835 penalty units; or(c)if the imprisonment is more than 1 year but not morethan 2 years—not more than 1,660 penalty units; or(d)if the term of imprisonment is more than 2 years—anunlimited amount.

(3) Subsection (1) does not apply to an offence if the Act
concerned provides another way of enforcing the punishment
mentioned in subsection (1)(a) against a body corporate.
181B Corporation fines under penalty provision(1) This section applies to a provision prescribing a maximum
fine for an offence only if the provision does not expresslyprescribe a maximum fine for a body corporate different fromthe maximum fine for an individual.
Page 246

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 11 General[s 181C](2) The maximum fine is taken only to be the maximum fine for
an individual.
(3) If a body corporate is found guilty of the offence, the court
may impose a maximum fine of an amount equal to 5 times
the maximum fine for an individual.
181C Corporation fines under provision authorising
subordinate legislation(1) This section applies to a provision of an Act prescribing the
maximum fine for an offence that may be imposed undersubordinate legislation under the Act only if the provision
does not expressly prescribe a maximum fine for a body
corporate different from the maximum fine for an individual.
(2) The maximum fine is taken only to be the maximum fine for
an individual that may be imposed under the subordinate
legislation.
(3) The maximum fine for a corporation that may be imposed
under the subordinate legislation is taken to be 5 times the
maximum fine for an individual.
182

Enforcement of order for penalty for an offender dealt
with on indictment(1) If an offender dealt with on indictment fails to pay a penalty,or an instalment of a penalty, that a court ordered the offenderto pay, the prosecution may apply to the court for the offender
to be further dealt with for the offence according to law.
(2) Notice may be served on the offender requiring the offender toappear before the court at the time and place mentioned in thenotice for the hearing of the application mentioned insubsection (1).
(3) The court may issue a warrant directing that the offender bearrested and brought before the court or a justice to be dealt
with according to law—(a)in the first instance instead of proceeding by way of
notice mentioned in subsection (2); or

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 247

Penalties and Sentences Act 1992
Part 11 General[s 182A](b)

if the offender fails to appear as required by the notice.

(4) If an offender is brought before a justice under a warrant
issued under subsection (3), the justice may commit theoffender to prison or may remand the offender on bail to bebrought before the court that ordered the penalty to be paid.
(5) On the hearing of an application under subsection (1), if thecourt is satisfied that the offender failed to pay the penalty, oran instalment of the penalty, it may—(a)

set aside the sentence imposed for the offence and deal
with the offender in a way in which the court could havedealt with the offender if the offender had just been
convicted by or before it of the offence; or(b)dismiss the application.

(6) If the court deals with the offender under subsection (5)(a)and imposes a fine, the court must inform the offender that theoffender may immediately verbally apply to the court for afine option order in relation to the fine.
(7) If an application is made under subsection (6), the court—(a)must immediately proceed to hear the application but
may adjourn the application to obtain further
information; and(b)

may make a fine option order.

182A Court may make order for default payment of penalty(1) A court that orders an offender to pay a penalty may alsoorder that, if the offender fails to pay the penalty immediately
or within the time allowed by the court in its order, theoffender is to be imprisoned for a term calculated—

Page 248(a)under subsection (2)(a); or(b)

by dividing the amount of the penalty by the cut-out ratementioned in the SPE Act, schedule 2, definition cut-out
rate, paragraph (a), rounded down to the nearest whole
number and expressed as a number of days.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 11 General[s 183](2) The term of imprisonment—(a)must be—(i)the term that, in the court’s opinion, will satisfy thejustice of the case; but(ii) not more than 14 days imprisonment for eachpenalty unit, or part of a penalty unit, that theoffender was ordered to pay; and(b)must be served cumulatively with any term of
imprisonment the offender is serving, or has beensentenced to serve, unless the court orders otherwise.

(3) This section has effect—

183

(a)

subject to the Act under which the penalty is ordered tobe paid; and(b)despite section 152, whether or not a conviction isrecorded.

Imprisonment unless penalty paid

If—
(a)

an Act under which a penalty is ordered to be paid does
not provide, or a court that orders an offender to pay a
penalty does not make an order, for default in paymentof the penalty; and(b)

an offender ordered to pay the penalty does not pay thepenalty;

the offender may be imprisoned for a period prescribed bysection 185.
184

Imprisonment unless act done

Unless an Act otherwise provides, if an offender who isordered by a court to do an act fails to do the act, the court
may order the offender to be imprisoned for a term not longer
than 2 years.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 249

Penalties and Sentences Act 1992
Part 11 General[s 185]185

Scale of imprisonment for non-payment of penalty(1) If—(a)an offender is ordered to pay a penalty; and(b)the court may order imprisonment of the offender or
execution against the property of the offender if thepenalty is not paid; and(c)either of the following subparagraphs applies—(i)the penalty is not paid;(ii) execution to recover the amount of the penalty is tobe against property of the offender and execution
does not satisfy the amount;the court may order the offender to be imprisoned for a term
calculated under subsection (2)(a).
(2) The term of imprisonment—(a)must be—(i)such as, in the court’s opinion, will satisfy thejustice of the case; but(ii) not more than 14 days imprisonment for eachpenalty unit, or part of a penalty unit, that theoffender was ordered to pay; and(b)must be served cumulatively with any term of
imprisonment the offender is serving, or has beensentenced to serve, unless the court otherwise orders.

(3) This section has effect—

Page 250(a)subject to the provisions of the Act under which thepenalty is ordered to be paid; and(b)despite section 152 whether or not a conviction isrecorded.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 11 General[s 185A]

185A If offender does not pay penalty under s 182A or 185(1) If the offender does not pay the penalty mentioned in
section 182A or 185 immediately or within the time allowedby the court, the proper officer of the court must either—(a)issue a warrant for the arrest and imprisonment of theoffender for the term ordered by the court; or(b)give to the registrar under the SPE Act, the informationand particulars the registrar requires under that Act forregistration under that Act of the unpaid amount of thepenalty.

(2) However, if the proper officer of the court intends to act undersubsection (1)(a) and the court did not order a default periodof imprisonment for the offender, the proper officer must firstrefer the matter to the court for an order for the imprisonmentof the offender under section 185.
(3) A warrant under subsection (1)(a) is to be directed to allpolice officers.
185B Power of proper officer to postpone warrant(1) The proper officer of the court may postpone the issue of awarrant under section 185A if the officer considers it just to
postpone the issue of the warrant.
(2) The postponement of the warrant may be subject to thereasonable conditions the proper officer considers necessary
in the circumstances.
(3) Application for a postponement under subsection (1)—(a)

must be in writing; and(b)

may be made by a party to the proceedings in which thewarrant is to be issued.

(4) If the offender fails to comply with a condition to which the
postponement is subject, the proper officer must deal with theoffender under section 185A(1)(a) or (b) as if the offender had
only just failed to pay the penalty mentioned in section 182Aor 185.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 251

Penalties and Sentences Act 1992
Part 11 General[s 185C]

185C Power of proper officer to recall warrant and issue new
warrant on part payment of penalty(1) This section applies if—(a)the proper officer of the court issues a warrant under
section 185A(1); and(b)before the warrant is executed, the offender pays anamount in part satisfaction of the penalty.

(2) The proper officer may—(a)recall the warrant; and(b)issue a new warrant for the reduced penalty for the arrestand imprisonment of the offender.

(3) For subsection (2)(b) the term of imprisonment is to be
reduced in the way stated in section 186(1).
(4) If the offender pays a further amount in part satisfaction of thepenalty, the proper officer may recall a warrant issued undersubsection (2)(b) if it has not been executed and issue further
warrants in accordance with subsection (2)(b) until the
penalty is fully paid.
186

Reduction of imprisonment(1) If it appears to the proper officer of the court that the amountof the penalty has been reduced by the offender who wasordered to pay the penalty by—(a)payment of part of the penalty; or(b)an amount realised by execution against the property ofthe offender;

the term for which the offender may be imprisoned is thenumber of whole days worked out by dividing the balance ofthe penalty by the original penalty and multiplying the result
by the number of days ordered to be served in default of
payment of the penalty.
(2) If—Page 252

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 11 General[s 187](a)an offender is imprisoned for failing to pay a penalty;
and

(b)

an amount is paid to the chief executive (corrective
services) in satisfaction or part satisfaction of thepenalty;

imprisonment the offender is serving is reduced to the numberof whole days worked out by dividing the balance of thepenalty by the original penalty and multiplying the result by
the number of days ordered to be served in default of paymentof the penalty.
(2A) For subsections (1) and (2), a fraction of a day is to be
disregarded.
(3) The chief executive (corrective services)—
(a)

must—
(i)

accept payment of all amounts tendered undersubsection (2); and(ii) pay every amount tendered to the proper officer ofthe court; and
(b)

187

must release the offender from custody when the penalty
is fully paid, unless the offender is in custody for
another matter.

Disqualification from holding Queensland driver licence(1) If—(a)an offender is convicted of an offence in connection
with or arising out of the operation, or the interferencein any way with the operation, of a motor vehicle by theoffender; and(b)the court by or before which the offender is convicted issatisfied having regard to the nature of the offence, or tothe circumstances in which it was committed, that theoffender should, in the interests of justice, bedisqualified from holding or obtaining a Queensland
driver licence;

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 253

Penalties and Sentences Act 1992
Part 11 General[s 188]the court may, in addition to any sentence that it may impose,order that the offender is, from the time of the conviction,
disqualified absolutely, or for such period as is ordered by the
court, from holding or obtaining a Queensland driver licence.
(2) Subsection (1) applies whether or not a conviction is recorded.
(3) The proper officer of the court must send a copy of the orderto the chief executive of the department that administers theTransport Operations (Road Use Management) Act 1995.
188

Court may reopen sentencing proceedings(1) If a court has in, or in connection with, a criminal proceeding,including a proceeding on appeal—(a)imposed a sentence that is not in accordance with thelaw; or(b)failed to impose a sentence that the court legally shouldhave imposed; or(c)imposed a sentence decided on a clear factual error of
substance; or(d)failed to fix a date for the offender to be released onparole as required under part 9, division 3;

the court, whether or not differently constituted, may reopen
the proceeding.
(2) Also, if—(a)a court has in, or in connection with, a criminal
proceeding reduced a sentence because the offender has
undertaken in a written declaration to cooperate withlaw enforcement agencies in a proceeding about anoffence, including a confiscation proceeding; and(b)the offender, without reasonable excuse, does notcooperate under the undertaking;the court, whether or not differently constituted, may reopen
the proceeding.
(3) If a court reopens a proceeding, it—
Page 254

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 11 General[s 188](a)must give the parties an opportunity to be heard; and(b)

may resentence the offender—(i)for a reopening under subsection (1)(a)—to asentence in accordance with law; or(ii) for a reopening under subsection (1)(b)—to asentence the court legally should have imposed; or(iii) for a reopening under subsection (1)(c)—to asentence that takes into account the factual error;or(iv) for a reopening under subsection (2)—to asentence under subsection (4); and(c)may amend any relevant conviction or order to theextent necessary to take into account the sentence
imposed under paragraph (b).

(4) On an application under subsection (2)—(a)

if the court is satisfied that the offender has completely
failed to cooperate, the court must resentence theoffender having regard to the sentence that would
otherwise have been imposed if an undertaking under
section 13A had not been given; or(b)

if the court is satisfied that the offender has partly failed
to cooperate, the court may substitute for the reduced
sentence the sentence it considers appropriate, notgreater than the sentence that would have been imposed
if the undertaking had not been given.

(5) The court may reopen the proceeding—(a)on its own initiative at any time; or(b)for a reopening under subsection (1)—on theapplication of a party to the proceeding made within—(i)

28 days after the day the sentence was imposed; or(ii) any further time the court may allow on application
at any time; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 255

Penalties and Sentences Act 1992
Part 11 General[s 189](c)for a reopening under subsection (1)(d)—on theapplication of the chief executive (corrective services);or(d)for a reopening under subsection (2)—on theapplication of the prosecution made at any time,
whether or not the appeal period under the Criminal
Code, section 671(2) has expired.

(6) Subject to subsection (7), this section does not affect any rightof appeal.
(7) For an appeal under any Act against a sentence imposed undersubsection (3) or (4), the time within which the appeal must
be made starts from the day the sentence is imposed undersubsection (3) or (4).
(8) This section applies to a sentence imposed, or required to be
imposed, whether before or after the commencement of thissection.
189

Outstanding offences may be taken into account in
imposing sentence(1) A court that sentences an offender for an offence may proceed
under this section if—(a)the prosecution consents; and(b)

it is satisfied that—(i)there has been lodged in court a form that includes,or has attached, a list of other offences, that are notexcluded offences, that it is alleged the offender
has committed but of which the offender has notbeen convicted; and(ii) a copy of the form has been given to the offender;and(iii) in all the circumstances of the case it is proper todo so.

Page 256

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 11 General[s 189](2) The court may take all or any of the offences contained in thelist mentioned in subsection (1)(b)(i) into account if theoffender—(a)is represented by counsel or a solicitor; and(b)pleads guilty to the offences; and(c)asks that they be taken into account by the court in
imposing sentence for the offence of which the person
has been convicted.

(3) The court must not impose a sentence that is more than the
maximum sentence that may be imposed for the offence of
which the person has been convicted.
(4) The court must certify on the form mentioned insubsection (1)(b)(i) the offences mentioned in the list thathave been taken into account in imposing sentence on theoffender.
(5) Subject to subsection (6), proceedings or further proceedingsfor offences contained in the certification mentioned insubsection (4) can not be taken against the offender.
(6) Proceedings or further proceedings mentioned insubsection (5) may be taken if the court’s decision is quashedor set aside.
(7) If the court’s decision is quashed or set aside, an admission of
guilt for an offence made by the offender for the purposes ofthis section is not admissible in evidence—(a)in proceedings or further proceedings taken against theoffender; or(b)in proceedings or further proceedings for the offence if
the offence was not taken into account under this section
in imposing sentence.

(8) Subject to section 35(4), an offence taken into account under
this section in imposing sentence on an offender for anotheroffence must not, because it was taken into account, beregarded for any purpose as an offence of which the offender
has been convicted.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 257

Penalties and Sentences Act 1992
Part 11 General[s 190](9) If, under this section, an offence is taken into account in
imposing sentence on an offender for another offence, then, in
criminal proceedings—(a)

if reference may lawfully be made to the fact that theperson was convicted of the other offence—reference
may also be made to the fact that the first offence wastaken into account; and(b)

if evidence may lawfully be given of the fact that theoffender was convicted of the other offence—evidence
may also be given of the fact that the first offence wastaken into account.

(10) The fact that an offence was taken into account may be provedin the same way as the conviction for the offence in relation towhich it was taken into account may be proved.
(11) Subsection (8) has effect despite subsection (9).
(12) In this section—
excluded offence means an offence against section 123(1) if
the community based order to which the offence relates is agraffiti removal order.
190

Magistrates Court may release offender(1) If a Magistrates Court convicts an offender of an offence
relating to property, it may release the offender without
imposing any sentence if the offender pays to the person
entitled to the property the amount that the court orders.
(2) The amount mentioned in subsection (1)—

191

(a)

is to be for damages assessed by the court; and(b)

may include costs.

Effect of order under s 190(1) If an offender mentioned in section 190(1) pays the amountordered by the court, the person aggrieved can not take civil
proceedings against the offender for damages arising out of aPage 258

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 11 General[s 192]

cause of action that gave rise to the damages mentioned in
section 190(2)(a).
(2) The order made is taken to be a sentence for the purposes of—

192

(a)

section 7 or 179C; and(b)an Act that gives a right of appeal from an order madeby a Magistrates Court.

Magistrates Court to assess value of property

If a Magistrates Court imposes a penalty for an offence on thebasis of—(a)the value of property taken, killed or destroyed; or(b)the amount of damage done to property;

the value or amount must be assessed in money by the court.
193

Payment of value or amount assessed under s 192(1) If the value or amount mentioned in section 192 is recovered,it must be paid—(a)to the person aggrieved; or(b)

if the person aggrieved is unknown or the property is
public property—to the consolidated fund or to therelevant public authority, as the case may be.

(2) If a Magistrates Court under section 192 imposes a penalty on
several offenders for a single offence—(a)the person aggrieved must not be paid more than thevalue or amount assessed under section 192; and(b)

any amount that is left after paying the assessed value oramount to the person aggrieved must be paid to theconsolidated fund.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 259

Penalties and Sentences Act 1992
Part 11 General[s 194]

194

Restoration of property(1) If an offender is convicted on indictment on a charge of which
the unlawful obtaining of property by the offender is anelement, then, on the complaint of—(a)the owner of property; or(b)a person who is legally entitled to possession of theproperty;

the court may order the property to be restored to the owner or
person.
(2) The order—(a)

may be enforced as a judgment; and(b)

is binding on the offender, and any person claiming
through the offender, as determining the ownership of
the property;

but, as regards any other person, has the effect only ofchanging the possession of the property, and does not affectany right of property or right of action.
(3) In a case to which subsection (1) applies, the court may orderthat any personal property—(a)that is found in the offender’s possession; and(b)that appears to the court to have been obtained, directly
or indirectly, from the unlawful obtaining mentioned insubsection (1);be delivered to the person who appears to the court to beentitled to the personal property.
(4) This section does not apply to a valuable security if it appears
that—

Page 260(a)the security has been paid or discharged in good faith bya person liable to make payment of the security; or(b)

if the security is a negotiable instrument—the security
has been taken or received by transfer or delivery ingood faith by a person for a valuable consideration
without notice and the person did not have reasonable
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 11 General[s 195]cause to suspect that the security had been unlawfully
obtained.
(5) In subsection (4)—valuable security includes any document that—

195

(a)

is the property of any person; and(b)

is evidence of the ownership of any property or of theright to recover or receive any property.

Passport orders(1) If an offender is convicted of an offence and the court records
a conviction, it may make 1 or more of the orders mentioned
in subsection (2) in addition to any other order it may makeunder this Act.
(2) An order made under subsection (1) may order that theoffender—(a)must remain in Australia or the State; or(b)must not apply for, or obtain, an Australian passport; or(c)must surrender any passport held by the offender.

(3) An offender who contravenes an order under subsection (1)commits an offence.
Maximum penalty—2 years imprisonment.
(4) An order under subsection (1) stays in force for the durationof the sentence (whether or not the sentence is one thatinvolves, in whole or part, a term of imprisonment).
(5) The court may, by order, amend an order under subsection (1).
(6) If the court makes an order under subsection (1) or (5), theproper officer of the court must, as soon as practicable, give a
copy of the order to the secretary to the department of theCommonwealth responsible for matters arising under theAustralian Passports Act 2005 (Cwlth) and the Foreign
Passports (Law Enforcement and Security) Act 2005 (Cwlth).

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 261

Penalties and Sentences Act 1992
Part 11 General[s 195A](7) If an order under subsection (1) states that the offender mustsurrender any passport held by the offender—(a)the passport must be given to the proper officer of thecourt; and(b)the proper officer must cause the passport to be kept insuch custody as the proper officer considers appropriate
until—(i)the passport must be returned under subsection (8);or(ii) the authority that issued the passport requests its
return;whichever happens first.
(8) If the passport is still in the custody of the proper officer of thecourt when the order under subsection (1) finishes, the proper
officer must cause it to be returned to the offender.
(9) This section does not affect any other powers of the court.
195A Failure to perform community service in a satisfactoryway(1) For the purposes of sections 66(1)(b), 103(1)(d) and114(1)(e), an offender is taken not to perform community
service in a satisfactory way if the offender—(a)reports to perform community service under the
influence of intoxicating liquor or a dangerous drug; or(b)is under the influence of intoxicating liquor or a
dangerous drug while performing community service;or(c)unlawfully damages—(i)anything supplied to the offender for the purposeof performing community service; or(ii) property in relation to which the offender isrequired to perform community service.

Page 262

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 11 General[s 195B](2) Subsection (1) does not limit the circumstances in which an
offender does not perform community service in a satisfactoryway.
(3) In this section—
dangerous drug means a dangerous drug within the meaningof the Drugs Misuse Act 1986.
195B Access to court files by representative of community
justice group in offender’s community(1) This section applies if an offender is an Aboriginal or Torres
Strait Islander person.
(2) A representative of the community justice group in theoffender’s community may inspect a court file, or a document
in a court file, or obtain a copy of information from a court fileor document, that may be relevant to making a submission
about the offender under section 9(2)(p).
(3) However, subsection (2) applies only if the court directs thatthe information be made available or given to therepresentative.
(4) The court may make the direction whether or not the
representative has made an application to the court for the
direction.
(5) In deciding whether to direct that information be madeavailable or given to the representative, the court may haveregard to the following—(a)whether the representative would otherwise have accessto the information;(b)whether the offender consents to the information being
made available or given to the representative.

(6) Subsection (5) does not limit the matters to which the court
may have regard.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 263

Penalties and Sentences Act 1992
Part 11 General[s 195C]

195C Confidentiality(1) A person who is a member of a community justice group must
not—
(a)

record or use information the person, or another person
who is a member of the community justice group, gains
through performing a function under this Act, or
intentionally disclose it to anyone, other than undersubsection (2); or(b)

recklessly disclose the information to anyone.

Maximum penalty—100
imprisonment.

penalty

units

or

2

years

(2) A person who is a member of a community justice group
may—
(a)

record, use or disclose the information if the recording,use or disclosure—(i)

is done as part of making submissions to the court
under section 9(2)(p); or(ii) is otherwise required or permitted by law; or(b)disclose the information to another member of thecommunity justice group.

(3) In this section—
disclose information to someone else means—(a)orally disclose the information to the other person; or(b)produce to the other person, or give the other person
access to, a document containing the information; or(c)disclose the information to the other person in anotherway.

195D Protection from liability(1) This section applies to a person who—(a)Page 264

is a member of the community justice group in an
offender’s community; andCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 12 Queensland Sentencing Advisory Council[s 196](b)is responsible for the making of a submission about theoffender to a court under section 9(2)(p).

(2) For subsection (1)(b), it does not matter that the person did
not personally make the submission to the court.
(3) The person is not civilly liable for an act done, or an omission
made, honestly and without negligence in relation to themaking of the submission.
196

Regulation-making power(1) The Governor in Council may make regulations under thisAct.
(2) A regulation may prescribe matters relating to the recordingof convictions for domestic violence offences, or the making
of entries in criminal histories about domestic violence
offences, including, for example, the way in which, and timewithin which, the records or entries are to be made.
197

Forms

The chief executive may approve forms for use under this Act.

Part 12

Queensland Sentencing
Advisory Council

Division 1

Establishment and functions

198

Establishment

The Queensland Sentencing Advisory Council is established.
199

Functions of council(1) The functions of the council are—

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 265

Penalties and Sentences Act 1992
Part 12 Queensland Sentencing Advisory Council[s 200](a)

if asked by the Court of Appeal, to give the court thecouncil’s views, in writing, about the giving orreviewing of a guideline judgment; and(b)

if asked by the Attorney-General, to advise theAttorney-General on matters relating to sentencing; and(c)to give information to the community to enhanceknowledge and understanding of matters relating tosentencing; and(d)to publish information about sentencing; and(e)to research matters about sentencing and publish theoutcomes of the research; and(f)to obtain the community’s views on sentencing andmatters about sentencing.

(2) To help in performing its functions, the council may consult
with, and ask for information from, the judiciary, government
departments and other entities.
Example of information that may be requested—statistical information about crime held by a government department(3) In this section—
publish includes give information to
government departments and other entities.
200

the

judiciary,

Powers of council

The council has the power to do anything necessary or
convenient to be done in the performance of its functions.

Division 2
201

MembershipAppointment of members(1) The council consists of not more than 12 members appointed
by the Governor in Council, by gazette notice, on therecommendation of the Attorney-General.
Page 266

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 12 Queensland Sentencing Advisory Council[s 201](2) At least 1 member of the council must be an Aboriginal
person or Torres Strait Islander.
(3) In recommending a person to the Governor in Council, theAttorney-General must be satisfied the person has expertise or
experience relevant to the functions of the council, including,for example, in relation to the following—(a)victims of crime;(b)justice matters relating to Aboriginal people or Torres
Strait Islanders;(c)justice matters relating to domestic and family violence;(d)vulnerable persons facing the criminal justice system;
Examples of vulnerable persons—•

persons who have a mental illness•

persons who have an intellectual or other disability•

persons who have a substance abuse problem•

homeless persons(e)

law enforcement;(f)crime prevention;(g)criminal prosecutions;(h)criminal defence representation;(i)

civil liberties;(j)corrective services, including offender rehabilitation;(k)juvenile justice matters;(l)criminal justice policy;(m) criminal law, including sentencing;(n)criminology.

(4) In this section—corrective services see the Corrective Services Act 2006,
schedule 4.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 267

Penalties and Sentences Act 1992
Part 12 Queensland Sentencing Advisory Council[s 202]202

Chairperson and deputy chairperson(1) The Governor in Council may, on the recommendation of the
Attorney-General, appoint—(a)a member of the council to be the chairperson of thecouncil; and(b)another member of the council to be the deputy
chairperson of the council.

(2) A member may be appointed as the chairperson or deputy
chairperson at the same time the person is appointed as amember.
(3) The chairperson or deputy chairperson holds office for theterm, ending not later than the person’s term of appointment
as a member, stated in the person’s appointment aschairperson or deputy chairperson.
(4) The deputy chairperson must act as chairperson—

203

(a)

during a vacancy in the office of chairperson; and(b)during all periods when the chairperson is absent fromduty or for another reason can not perform the duties ofthe office.

Term of appointment(1) A member of the council holds office for the term, not longer
than 3 years, stated in the member’s instrument of
appointment.
(2) Subsection (1) does not prevent a member from being
reappointed.
203A Conditions of appointment(1) A member is entitled to be paid the remuneration andallowances decided by the Governor in Council.
(2) A member holds office on the terms, not provided for by thisAct, decided by the Governor in Council.
Page 268

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 12 Queensland Sentencing Advisory Council[s 203B](3) The members are appointed under this Act and not the PublicService Act 2008.
203B Vacancy in office(1) A member’s office becomes vacant if—(a)the member resigns office by signed notice given to the
Attorney-General; or(b)the member’s appointment is terminated by theGovernor in Council under subsection (3).

(2) A notice given by a member under subsection (1)(a)—
(a)

must—
(i)

state the day the member’s resignation takes effect;and(ii) be given to the Attorney-General at least 30 days
before the stated day; and(b)takes effect on the stated day or another day agreed
between the member and the Attorney-General.

(3) The Governor in Council may terminate the appointment of amember if the Attorney-General recommends that themember’s appointment be terminated.
(4) The Attorney-General may recommend that a member’s
appointment be terminated only if satisfied that the member—(a)

is incapable of performing the member’s duties; or(b)

has been convicted, including by summary conviction,of an indictable offence; or(c)

has neglected the member’s duties or performed them
incompetently or inefficiently.

203C Council decision not invalidated by defect in appointment
or vacancy

A decision of the council is not invalidated by—Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 269

Penalties and Sentences Act 1992
Part 12 Queensland Sentencing Advisory Council[s 203D](a)a defect or irregularity in the appointment of a memberof the council, including in the appointment of thechairperson or deputy chairperson; or(b)a vacancy in the membership of the council.

Division 3

Proceedings

203D Conduct of business

Subject to this division, the council may conduct its business,
including its meetings, in the way it considers appropriate.
203E Quorum

A quorum for a meeting of the council is a majority of thecouncil’s members for the time being.
203F

Presiding at meetings(1) The chairperson presides at all meetings of the council at
which the chairperson is present.
(2) If the chairperson is absent from a meeting, the deputy
chairperson presides.
(3) If neither the chairperson nor deputy chairperson is present at
a meeting, a member of the council chosen by the memberspresent is to preside.
203G Conduct of meetings(1) A question at a council meeting is decided by a majority of thevotes of the members present at the meeting.
(2) Each member present at a meeting has a vote on each question
to be decided.
(3) If there is an equality of votes at a meeting, the member
presiding at the meeting also has a casting vote.
Page 270

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 12 Queensland Sentencing Advisory Council[s 203H](4) A member present at a meeting may abstain from voting.
(5) A meeting may be held using any technology allowing
reasonably contemporaneous and continuous communication
between members.
Example of use of technology—
teleconferencing(6) A member who takes part in a meeting under subsection (5) istaken to be present at the meeting.
203H Minutes

The council must keep minutes of its meetings.

Division 4
203I

Other matters

Council may engage persons to help in performing
functions(1) The council may, with the chief executive’s approval, engage
persons with suitable qualifications and experience to help thecouncil in performing its functions.
(2) The engagement may be in an honorary capacity or for
remuneration.
203J

Reports(1) The council must give the Attorney-General a written
report—(a)each financial year, by the date requested in writing by
the Attorney-General; and(b)otherwise, as requested
Attorney-General.

inwritingbythe(2) A report under subsection (1)(a)—(a)

must include information about—

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 271

Penalties and Sentences Act 1992
Part 13 Miscellaneous[s 204](i)performance of the council’s functions, inparticular about the provision of information to thecommunity to enhance knowledge andunderstanding of matters about sentencing; and(ii) the work to be carried out by the council in the
future in performing the council’s functions; and(b)Part 13
204

must be tabled in the Legislative Assembly by the
Attorney-General within 14 sitting days after the
Attorney-General receives the report.

Miscellaneous

General transitional provisions(1) This Act applies to any sentence imposed after thecommencement of this section, irrespective of when theoffence was committed.
(2) However, this Act (the original Act) as in force immediately
before the commencement of the Penalties and Sentences
Legislation Amendment Act 1993 (the amending Act)
continues to apply to sentences imposed after thecommencement of the original Act and before thecommencement of the amending Act.
(3) An offender in relation to whom a sentence is in force
immediately before the commencement of this section
continues to be subject to the requirements of the sentence inall respects as if this Act had not been enacted.
(4) A sentence mentioned in subsection (3) may be amended, andany failure to comply with it may be dealt with, under this Act
as it if were a sentence imposed after the commencement of
this section.
(6) For the purposes of this section, a sentence imposed by anappeal court after the commencement of this section, on
setting aside a sentencing order made before thecommencement, is taken to have been imposed at the time theoriginal sentencing order was made.
Page 272

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 205](7) If an offender fails to comply with a requirement of a sentence
mentioned in subsection (3) that is not amended undersubsection (4), the failure may be dealt with under this Act as
if the sentence were a sentence imposed after thecommencement of this section.
205

Penalty Units Act 1985 references

In an Act or document, a reference to the Penalty Units Act
1985 may, if the context permits, be taken to be a reference tothis Act.

Part 14

Transitional provisions

Division 1

Transitional provisions before
Criminal Law Amendment Act 2012206

Transitional provisions for Penalties and Sentences(Serious Violent Offences) Amendment Act 1997

(1) Section 157(7)(b) applies to a recommendation made under
section 157 even if the recommendation was made before thecommencement of section 157(7).
(2) For subsection 161C(2)(b), sentences of imprisonment
imposed on the offender for offences mentioned in
section 161C(1)(c) or (d) must be taken into account even if
the sentences were imposed before the commencement of part
9A.
207

Transitional provisions for State Penalties Enforcement
Act 1999(1) This section applies if, on the commencement of this section,
an offender or surety has not paid an amount under an orderunder the Crown Proceedings Act 1980, section 13 (therepealed law).
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 273

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 208](2) Despite the repeal of the repealed law, the following
provisions have effect—

208

(a)

the order continues to have effect as if it were an ordermade under section 33A of this Act;(b)

any amount that has not been paid under the order under
the repealed law continues to be payable until it is paidor otherwise satisfied;(c)despite the repeal of the Crown Proceedings Act 1980,
section 15, an application may be made under
section 33B as if the order forfeiting the recognisancewere an order under section 33A;

(d)

any warrant that has not been enforced may be enforced
according to its terms as if the repealed law had not been
repealed;(e)any proceeding commenced before the repeal for an
order under the repealed law may be continued as if itwere a proceeding for an order under section 33A.

Transitional provisions for Criminal Law Amendment Act
2000(1) The definition of violent offence in section 162 applies as if
the reference in the definition to the provision of the Criminal
Code mentioned in column 1 included a reference to theprovision of the Criminal Code mentioned in column 2 as inforce at any time before the commencement of this section.
Column 1

Column 2

215

215

349

347

352

337

(2) The Criminal Code items in the schedule (Serious violent
offences) apply as if the reference in the item mentioned incolumn 1 to the provision of the Criminal Code mentioned incolumn 2 included a reference to the provision of the Criminal
Page 274

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 209]Code mentioned in column 3 as in force at any time before thecommencement of this section.

209

Column 1

Column 2

Column 3

9

215

215

35

349

347

36

350

349

37

351

336

38

352

337

39

354

351 or 354

Transitional provision for Penalties and Sentences(Non-contact Orders) Amendment Act 2001

Part 3A applies only to an offence committed after thecommencement of this section.
210

Transitional provisions for Criminal Law Amendment Act
2002(1) For applying section 92(1)(b)(i) for the purpose of making or
amending a probation order under part 5, division 1 in relation
to an offence, it does not matter whether the offence wascommitted before or after the commencement of this section.
(2) For applying section 147(1)(a), it does not matter when theorder mentioned in section 146(1)(a) or (b) was made under
section 144.
(3) Section 171(1)(a), as in force immediately before thecommencement of the Criminal Law Amendment Act 2002,section 64, continues to apply in relation to an indefinite
sentence that was imposed in relation to an offence committed
before the commencement.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 275

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 211]

211

Transitional provision for the Sexual Offences (Protectionof Children) Amendment Act 2003

Section 9 as amended by the Sexual Offences (Protection ofChildren) Amendment Act 2003, section 28, applies to thesentencing of an offender whether the offence or conviction
happened before or after the commencement of that section.
212

Transitional provisions for the 2004
amendments—approved forms and serious violent
offences(1) A form approved by the chief executive (corrective services)
for a purpose under this Act, and in force immediately before
section 4 was amended by the 2004 Amendment Act,
continues as the approved form for the purpose under this Act
after the amendment.
(2) The amendment of section 161 by the 2004 Amendment Act
applies in relation to a declaration to be made under
section 161(3)(c) or (3B)(c) after the commencement of theamendment—(a)whether the offences were committed before or after thecommencement of the amendment; and(b)whether the offender was convicted of the offences
before or after the commencement of the amendment.

(3) The amendment of the schedule by the 2004 Amendment Act
applies for the purposes of sections 161A to 161C—(a)whether the offences were committed before or after thecommencement of the amendment; and(b)whether the offender was convicted of the offences
before or after the commencement of the amendment.

(4) In this section—
2004 Amendment Act means the Justice and Other
Legislation Amendment Act 2004.

Page 276

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 213]213

Transitional provision for s 157 (Eligibility for post-prison
community based release)(1) The date recommended under former section 157 as the datethat an offender be eligible for post-prison community based
release is, after the commencement, taken to be the parole
eligibility date fixed for the offender under part 9, division 3.
(2) However, if—(a)there is more than 1 recommendation in force
immediately before the commencement; and(b)

the recommendations recommend different dates as thedate the offender is eligible for post-prison community
based release;the date that is latest in time is taken to be the parole eligibility
date fixed for the offender under part 9, division 3.
Example—Recommendation A was made on 1 August 2005 and recommends thatthe offender be eligible for post-prison community based release on 1
January 2007.
Recommendation B was made on 1 March 2005 and recommends thatthe offender be eligible for post-prison community based release on 1
July 2007.
The date taken to be the current parole eligibility date fixed for theoffender under part 9, division 3 is 1 July 2007.

(3) The date that a period recommended under former section 157
as the non-release period for an offender ends is, after thecommencement, taken to be a parole eligibility date fixed forthe offender under part 9, division 3.
(4) However, if—(a)there is more than 1 recommendation in force
immediately before the commencement; and(b)

the recommendations recommend different non-release
periods for the offender;

the date of the last non-release period to end is taken to be theparole eligibility date fixed for the offender under part 9,
division 3.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 277

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 214]

Example—Recommendation A was made on 1 August 2005 and recommends thatthe offender’s non-parole period ends on 1 January 2007.
Recommendation B was made on 1 March 2005 and recommends thatthe offender’s non-parole period ends on 1 July 2007.
The date taken to be the current parole eligibility date fixed for theoffender under part 9, division 3 is 1 July 2007.

(5) In this section—commencement means the commencement of this section.
former section 157 means section 157 as in force before thecommencement.
recommendation means a recommendation made by a court
under former section 157 before the commencement that is inforce.
214

Transitional provision for pt 9, div 3

Part 9, division 3 applies in relation to an offence for which a
court imposes a term of imprisonment after thecommencement of this section whether the offence or thefinding of guilt for the offence happened before or after thecommencement.
215

Transitional provision for State Penalties Enforcement
and Other Legislation Amendment Act 2007

(1) This section applies if, immediately
commencement of this section—

beforethe(a)a probation order was subject to requirements under
section 94(1)(c), (d) or (e); or(b)a community service order was subject to requirements
under section 104; or(c)an intensive correction order was subject
requirements under section 115(1)(c), (d) or (e).

to(2) On the commencement, the probation order, community
service order or intensive correction order continues to be
Page 278

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 216]subject to the requirements as if the amendment Act had notcommenced.
216

Transitional provision for Criminal Code and Other Acts
Amendment Act 2008

(1) The definition offence of a sexual nature in section 15E(4)applies as if the reference to the Criminal Code, section 208
included a reference to the Criminal Code, section 209 as inforce at any time before its repeal by the Criminal Code andOther Acts Amendment Act 2008.
(2) The Criminal Code items in the schedule apply as if thereference in the item mentioned in column 1 to the provisionof the Criminal Code mentioned in column 2 included areference to the provision of the Criminal Code mentioned incolumn 3 as in force at any time before the commencement of
this section.

217

Column 1

Column 2

Column 3

2

61

63

5

208

209

23

319

319A

Transitional provision for Dangerous Prisoners (Sexual
Offenders) and Other Legislation Amendment Act 2010

(1) Section 9(7B) and amended part 10, other than new
sections 172D and 174 to 174C, apply to the sentencing of an
offender and to a review under that part no matter when therelevant offence happened or happens.
(2) However, section 9(7B) and amended part 10, other than new
sections 172D and 174 to 174C, only apply if the conviction
for the offence took place after the date of assent of theamending Act.
(3) New sections 172D and 174 to 174C apply to an offender onwhom a finite sentence has been imposed no matter when the
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 279

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 218]relevant offence or conviction happened or happens, or when
the finite sentence was made.
(4) Subsections (1) and (3) apply despite the Acts Interpretation
Act 1954, section 20C.
(5) In this section—
amended part 10 means part 10 as amended under theamending Act.
amending Act means the Dangerous Prisoners (Sexual
Offenders) and Other Legislation Amendment Act 2010.
new sections 172D and 174 to 174C means those numberedsections of the post-amended Act, as affected by any relevant
definitions under the post-amended Act.
post-amended Act means this Act as amended by theamending Act.
218

Transitional provision for Civil and Criminal Jurisdiction
Reform and Modernisation Amendment Act 2010

On the commencement of this section, section 152A, as
amended by the Civil and Criminal Jurisdiction Reform andModernisation Amendment Act 2010, has effect in relation toa proceeding, regardless of when the proceeding wascommenced.
219

Transitional provision for the Justice and Other
Legislation Amendment Act 2010

This Act as amended by the Justice and Other Legislation
Amendment Act 2010, part 25 applies to a sentence imposed
after the commencement of part 25, whether the offence wascommitted before or after the commencement of part 25.
220

Transitional provision for Liquor and Other Legislation
Amendment Act 2010

(1) Part 3B, as inserted by the Liquor and Other Legislation
Amendment Act 2010, section 55 applies in relation to an
Page 280

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 221]

offence only if the offender was convicted for the offence after
the commencement of this section.
(2) For subsection (1), it is irrelevant whether the act or omission
constituting the offence happened before or after thecommencement.

Division 2

221Transitional provisions for Criminal
Law Amendment Act 2012

Transitional provision for s 171(1) For section 171(2)(a)(i) as inserted by the amendment Act, theperiod of time an offender must have served before theoffender’s indefinite sentence must be reviewed for the firsttime continues to be 20 years if—(a)the Criminal Code, section 305(2) as amended by theamendment Act does not apply on sentence; but(b)that section as it existed before the commencement
applies on sentence.

(2) Section 171(2)(a)(iii), as inserted by the amendment Act, only
applies to an offender who is serving an indefinite sentence
for an offence of murder committed after the commencement.
(3) In this section—
amendment Act means the Criminal Law Amendment Act
2012.
commencement means the commencement of the amendment
Act, section 16.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 281

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 223]

Division 3

223

Transitional provision for Criminal
Law (Two Strike Child Sex
Offenders) Amendment Act 2012

Transitional provision for s 161E

(1) For applying section 161E, it does not matter whether theprevious offence was committed, or the offender wasconvicted of the previous offence, before or after thecommencement.
(2) For a previous offence mentioned in subsection (1) as having
been committed before the commencement, a reference inschedule 1A to the provision to which the offence relates istaken to be a reference to the provision as in force at any time
before the commencement.
(3) This section applies despite the Acts Interpretation Act 1954,
section 20C(3) and the Criminal Code, section 11.
(4) In this section—commencement means the commencement of this section.
previous offence, for applying section 161E, means an
offence mentioned in section 161E(1)(b).

Division 4

224

Transitional provisions for Penalties
and Sentences and Other
Legislation Amendment Act 2012

Retrospective application of s 179C in particular
circumstances(1) Section 179C applies in relation to an offence for which theoffender is sentenced after the commencement, even if theoffence was committed, or the offender was charged with orconvicted of the offence, before the commencement.
(2) In this section—
Page 282

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 226]commencement means the commencement of section 179C.
sentenced does not include resentenced as defined under
section 179D.

Division 5

226

Transitional provision for Criminal
Proceeds Confiscation(Unexplained Wealth and Serious
Drug Offender Confiscation Order)
Amendment Act 2013

Retrospective application of pt 9C in particular
circumstances(1) Part 9C applies in relation to a serious drug offence if theoffender is charged with the offence on or after thecommencement, regardless of whether the offence wascommitted before or after the commencement.
(2) In this section—commencement means the commencement of this section.

Division 6

227

Transitional provisions for expiry ofDrug Court Act 2000

Definitions for div 6

In this division—
Drug Court Act means the Drug Court Act 2000 as in force
before its expiry.
intensive drug rehabilitation order means an order madeunder the Drug Court Act, section 19.
228

Application of div 6

This division applies from 1 July 2013.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 283

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 229]229

Continuation of warrants(1) This section applies to a warrant issued under the Drug Court
Act, section 40, for an offender before 30 June 2013—(a)but not enforced; or(b)enforced but not returned before a drug court magistrate
before that day.

(2) The warrant is taken to be a warrant—

230

(a)

issued by a magistrate; and(b)that authorises any police officer to arrest the offenderand bring the offender before a magistrate.

Dealing with offences after enforcement of warrant(1) This section applies if—(a)an offender is arrested on a warrant mentioned in
section 229; and(b)the offender is brought before a magistrate.

(2) The magistrate must—(a)order that the record of the conviction for the offence be
revoked; andNote—
For the effect of not recording a conviction, see section 12.

(b)vacate the offender’s intensive drug rehabilitation order;
and

(c)

deal with the offender according to law.

(3) Also, the magistrate must, under the Justices Act 1886,
section 113, commit the offender to the District Court forsentence if—(a)Page 284

the offence, in relation to which the intensive drug
rehabilitation order for the offender was made, is aprescribed drug offence under the Drug Court Act; orCurrent as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 231](b)

the magistrate is satisfied, under the Criminal Code,section 552D, the offender, if dealt with undersubsection (2)(c), may not be adequately punished onsummary conviction.
Note—
For the maximum penalty for indictable offences dealt withsummarily, see the Criminal Code, section 552H.

(4) Subsection (3) applies even though the magistrate has notaddressed the defendant as required under the Justices Act
1886, section 104(2).
(5) To remove any doubt, it is declared that—

231

(a)

the Bail Act 1980 applies to the offender; and(b)the offender has pleaded guilty to the offence under the
Drug Court Act, section 19(c).

Sentencing an offender after enforcement of warrant(1) This section applies if a magistrate sentences an offender towhom section 230 applies.
(2) In sentencing the offender, the magistrate must have regard to
the initial sentence contained in the offender’s intensive drug
rehabilitation order.
(3) To remove any doubt, it is declared that, in applying
section 159A to a sentence for a term of imprisonment
imposed on an offender under this section, time spent incustody under the Drug Court Act, other than under
section 32(1)(f) of that Act, is taken to be imprisonment
already served under the sentence.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 285

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 232]Division 7

232

Transitional provision for Justiceand Other Legislation Amendment
Act 2013

Transitional provision for sch 1

Schedule 1, as amended by the Justice and Other Legislation
Amendment Act 2013, is taken to have had effect on and from
13 August 2013.

Division 8

233

Transitional provision for Criminal
Law (Criminal Organisations
Disruption) and Other Legislation
Amendment Act 2013

Application of amended s 15A

Section 15A, as amended by the Criminal Law (Criminal
Organisations Disruption) and Other Legislation Amendment
Act 2013, applies to the sentencing of an offender for an
offence whether the proceeding for the offence was started
before, on or after the commencement of this section.

Division 9

234

Transitional provision for Youth
Justice and Other Legislation
Amendment Act 2014

Sentencing guidelines

This Act applies to the sentencing of an offender convicted
after the commencement of this section even if 1 or both of
the following happened before the commencement—

Page 286(a)the commission of the offence the subject of theconviction;(b)

the start of the proceeding for the offence.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 235]

Division 10

235

Transitional provisions for Criminal
Law Amendment Act 2014

Application of s 13B(1) Section 13B applies to the sentencing of an offender for an
offence on or after the commencement, even if—(a)the proceeding for the offence was started before thecommencement; or(b)some or all of the offender’s cooperation with a law
enforcement
agencyoccurred
beforethecommencement.

(2) In this section—commencement means the commencement of section 13B.

Division 11

236

Transitional provisions for Safe
Night Out Legislation Amendment
Act 2014

Sentencing guidelines

Section 9(9A) applies to the sentencing of an offender if theoffender is convicted of the offence after the commencementof this section, even if the offence was committed, or theoffender was charged with the offence, before thecommencement of this section.
237

Banning orders

A court may make a banning order under section 43I, as
amended by the Safe Night Out Legislation Amendment Act
2014, if the offender is convicted of the offence after thecommencement of this section, even if the offence wascommitted, or the offender was charged with the offence,
before the commencement of this section.
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 287

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 238]238

Community service orders required under s 108B

Section 108B does not apply to an offence committed before
the commencement of that section.

Division 12

239

Transitional provision for Tackling
Alcohol-Fuelled Violence
Legislation Amendment Act 2016

Imposition of DAAR condition(1) Section 19(2B), as inserted by the amending Act, applies to anorder made under section 19(1)(b) in relation to an offenderon or after the commencement.
(2) For subsection (1), it is irrelevant whether the act or omission
constituting the offence for which the order is made happened,or the proceeding for the offence was started, before or after
the commencement.
(3) In this section—
amending Act means the Tackling Alcohol-Fuelled Violence
Legislation Amendment Act 2016.

Division 13

240

Transitional provision for Criminal
Law (Domestic Violence)
Amendment Act 2016

Sentencing submissions

The amendments made to section 15 by the Criminal Law(Domestic Violence) Amendment Act 2016 apply in relation tosentencing an offender even if the offence or conviction
happened before the commencement.

Page 288

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 241]Division 14

241

Transitional provision for Youth
Justice and Other Legislation
Amendment Act (No. 1) 2016

Sentencing guidelines

Section 9, as amended by the Youth Justice and Other
Legislation Amendment Act (No. 1) 2016, applies to thesentencing of an offender after the commencement whether
the offence or conviction happened before or after thecommencement.

Division 15

242

Transitional provision for Healthand Other Legislation Amendment
Act 2016

Offence of a sexual nature taken to include references to
Criminal Code, ss 208 and 209

The definition offence of a sexual nature in section 15E(4)applies as if the reference to the Criminal Code, section 215
included a reference to—(a)the Criminal Code, section 208 as in force at any time
before its repeal by the Health and Other Legislation
Amendment Act 2016; and(b)

the Criminal Code, section 209 as in force at any time
before its repeal by the Criminal Code and Other Acts
Amendment Act 2008.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 289

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 243]

Division 16

Transitional provisions for Serious
and Organised Crime Legislation
Amendment Act 2016

Subdivision 1

Transitional provisions for repeal of
Vicious Lawless Association
Disestablishment Act 2013

243

Definitions for subdivision

In this subdivision—commencement means the commencement of the Serious andOrganised Crime Legislation Amendment Act 2016, part 35.
repealed VLAD Act means the Vicious Lawless Association
Disestablishment Act 2013 repealed by the Serious andOrganised Crime Legislation Amendment Act 2016, part 35.
244

Application of subdivisionThis subdivision applies if a court has in, or in connection
with, a criminal proceeding, including, for example, aproceeding on appeal, sentenced a person as a vicious lawlessassociate for a declared offence under the repealed VLAD
Act, section 7.
245

Application to Supreme Court to reopen sentencing
proceedings(1) The person may apply to the Supreme Court to reopen theproceeding to the extent the court imposed on the person
either or both of the following—(a)Page 290

a further sentence of 15 years imprisonment served
wholly in a corrective services facility under the
repealed VLAD Act, section 7(1)(b);Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 246](b)a further sentence of 10 years imprisonment served
wholly in a corrective services facility under the
repealed VLAD Act, section 7(1)(c).

(2) The application must be made within 3 months after thecommencement.
(3) The court may, at any time, extend the period mentioned insubsection (2).
(4) The court must give a copy of the application to the director of
public prosecutions.
(5) Within 10 business days after the making of the application,
the court must give directions to enable the application to beheard.
246

Supreme Court may reopen sentencing proceedings(1) On the hearing of an application under section 245, theSupreme Court may reopen the proceeding to the extent
mentioned in section 245(1).
(2) The Supreme Court may also, at any time, reopen theproceeding to the extent mentioned in section 245(1) if a court
reopens the proceeding under section 188.
(3) If the Supreme Court reopens the proceeding under subsection(1) or (2), the court must—(a)give the parties an opportunity to be heard; and(b)

if the person was sentenced under the repealed VLAD
Act, section 7(1)(a) to a sentence other than life
imprisonment or an indefinite sentence—resentence theperson to a further sentence as if the law applicable tothe further sentence were the law mentioned in section
161R(2)(b); and(c)if the person was sentenced under the repealed VLAD
Act, section 7(1)(a) to life imprisonment or an indefinite
sentence—resentence the person to a further sentence as
if the law applicable to the further sentence were theCorrective Services Act 2006.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 291

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 247](4) The court may have regard to—(a)relevant material admitted before the court during theprevious trial and sentence of the person; and(b)

any other material relevant to the further sentence.

(5) If the previous sentencing court reduced, under section 13A,
the further sentence imposed under the repealed VLAD Act,section 7(1)(b) or (c), the court must have regard to thematerial placed on the court file under section 13A(7)(c).
(6) Subsection (5) does not—(a)affect an order prohibiting publication that has been
made in relation to the material under section 13A(8); or(b)

limit the reopening of a proceeding under section 188.

(7) Also, if the Supreme Court reopens the proceeding undersubsection (2), and the court that reopened the proceedingunder section 188 was a court other than the Supreme Court,
the Supreme Court may remit the resentencing of the person
under subsection (3)(b) or (c) to the other court.
(8) In this section—indefinite sentence means an indefinite sentence under part10.
247

Appeals

If a further sentence is imposed under section 246, the person,
and the Attorney-General, have the same rights to appeal
against the further sentence as if it were the further sentence
originally imposed on the person.
248

No cause of action

No cause of action may be started or continued against theState in relation to any period of imprisonment the person
may have actually served that is more than the period of
imprisonment the person would have served if originallysentenced to the further sentence imposed under section 246.
Page 292

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 249]Subdivision 2
249

Other transitional provisions

Making of control order for offender convicted ofcommitting indictable offence before commencement

Section 161W applies to the sentencing of an offenderconvicted of an indictable offence after the commencement
whether the offence was committed before or after thecommencement.
250

Application of amended s 187

Section 187, as amended by the Serious and Organised Crime
Legislation Amendment Act 2016, applies to the sentencing of
an offender for an offence after the commencement whether
the proceeding for the offence was started before or after thecommencement.
251

Application of s 161Q to particular prescribed offences(1) This section applies if—(a)an offender is convicted of an offence against—(i)the Criminal Code, section 218B, 229B or 229HB;or(ii) the Drugs Misuse Act 1986, section 5 or 9D; or(iii) the Weapons Act 1990, section 65; and(b)the offence is committed partly, but not wholly, after thecommencement.

(2) Section 161Q applies in relation to the offence only if, at atime after the commencement, the offender—(a)

was a participant in a criminal organisation; and(b)knew, or ought reasonably to have known, a matter
mentioned in section 161Q(1)(b).

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 293

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 252]Division 17

252

Transitional provision for Criminal
Law Amendment Act 2017

Warrant for arrest of offender failing to enter into
recognisance under order made before commencement

Part 3, division 3AA applies in relation to an original order
whether the order was made before or after thecommencement.

Division 18

253

Transitional provision for Victims of
Crime Assistance and Other
Legislation Amendment Act 2017

Victim impact statements(1) Part 10B applies to the sentencing of an offender after thecommencement whether the offence or conviction happened
before or after the commencement.
(2) A victim impact statement given under the Victims of Crime
Assistance Act 2009, repealed section 15(5) before thecommencement, including a statement given electronically, istaken to have been given under section 179L.
(3) In this section—
repealed section 15(5), of the Victims of Crime Assistance Act
2009, means section 15(5) of that Act as it was in force fromtime to time before its repeal by the Victims of Crime
Assistance and Other Legislation Amendment Act 2017.

Page 294

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Part 14 Transitional provisions[s 254]

Division 19

254

Transitional provision for Liquor
and Other Legislation Amendment
Act 2017

Banning orders

A court may make a banning order under section 43J if theoffender is convicted of an offence mentioned in section
43J(1)(a)(i) or (ii) after the commencement, even if theoffence was committed, or the offender was charged with theoffence, before the commencement.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 295

Penalties and Sentences Act 1992
Schedule 1

Schedule 1

Serious violent offences

sections 156A(1)(a), 161A(a), 161B(3)(a) and 161C(1)(c) and (d)Criminal Code2 section 61 (Riot)
3 section 75 (Threatening violence)
4 section 142 (Escape by persons in lawful custody)
7 section 210 (Indecent treatment of children under 16)
8 section 213 (Owner etc. permitting abuse of children on
premises)
9 section 215 (Carnal knowledge with or of children under 16)
10 section 216 (Abuse of persons with an impairment of themind)
11 section 217 (Procuring young person etc. for carnal
knowledge)
12 section 218 (Procuring sexual acts by coercion etc.)
12A section 219 (Taking child for immoral purposes)
13 section 222 (Incest)
14 section 229B (Maintaining a sexual relationship with a child)
14A section 229G(1) (Procuring engagement in prostitution), if
section 229G(2) applies
14B section 236(2) (Misconduct with regard to corpses)
15 sections 303 (Definition of(Punishment of manslaughter)manslaughter)

and

310

16 section 306 (Attempt to murder)
16A section 309 (Conspiring to murder)
17 section 313 (Killing unborn child)Page 296

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Schedule 1

18 section 315 (Disabling in order to commit indictable offence)
19 section 316 (Stupefying in order to commit indictableoffence)20 section 317 (Acts intended to cause grievous bodily harm andother malicious acts)
21 section 317A(1) (Carrying or sending dangerous goods in a
vehicle)22 section 318 (Obstructing rescue or escape from unsafe
premises)
23 section 319 (Endangering the safety of a person in a vehicle
with intent)
25 section 320 (Grievous bodily harm)
26 section 320A (Torture)
27 section 321 (Attempting to injure by explosive or noxious
substances)
28 section 321A (Bomb hoaxes)
29 section 322 (Administering poison with intent to harm)
30 section 323 (Wounding)
31 section 326 (Endangering life of children by exposure)
32 section 328A (Dangerous operation of a vehicle)
33 section 339 (Assaults occasioning bodily harm)
34 section 340 (Serious assaults)
35 section 349 (Rape)
36 section 350 (Attempt to commit rape)
37 section 351 (Assault with intent to commit rape)
38 section 352 (Sexual assaults)
39 section 354 (Kidnapping)
40 section 354A (Kidnapping for ransom)
40A section 364 (Cruelty to children under 16)
41 section 411(1) (Punishment of robbery)
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 297

Penalties and Sentences Act 1992
Schedule 1

42 section 411(2) (Punishment of robbery)
43 section 412 (Attempted robbery)
43A section 417A (Taking control of aircraft)
44 section 419(1) (Burglary), if section 419(3)(b)(i) or (ii)applies

Criminal Code (Provisions repealed by Criminal
Law Amendment Act 1997)
1 section 208 (Unlawful anal intercourse)
2 section 221 (Conspiracy to defile)
3 section 222 (Incest by man)
4 section 223 (Incest by adult female)
5 section 318 (Preventing escape from wreck)

Criminal Code (Provision repealed by Healthand Other Legislation Amendment Act 2016)
1 section 208 (Unlawful sodomy)

Corrective Services Act 2006
1 section 122(2) (Unlawful assembly, riot and mutiny)
2 section 124(a) (Other offences)

Page 298

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Schedule 1

Corrective Services Act 2000 (Provisions
repealed by Corrective Services Act 2006)
1 section 92(2) (Unlawful assembly, riot and mutiny)
2 section 94(a) (Other offences)

Drugs Misuse Act 1986
1 section 5 (Trafficking in dangerous drugs), if the offender issentenced for the offence on or after the commencement of
the Serious and Organised Crime Legislation Amendment Act
2016, section 164, whether the offence or conviction
happened before or after that commencement
2 section 6 (Supplying dangerous drugs), if the offence is one ofaggravated supply as mentioned in that section
3 section 8 (Producing dangerous drugs), if the circumstances
mentioned in paragraph (a) or (b) of the penalty apply

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 299

Penalties and Sentences Act 1992
Schedule 1A

Schedule 1A

Serious child sex offences
section 161D

Criminal Code
SectionSection heading or description of offence

213

Owner etc. permitting abuse of children on premises

215

Carnal knowledge with or of children under 16219

Taking child for immoral purposes

222

Incest229B

Maintaining a sexual relationship with a child

349

Rape

352

Sexual assaults

Criminal Code (Provisions repealed by Criminal
Law Amendment Act 1997)
SectionSection heading

208

Unlawful anal intercourse

222

Incest by man

Page 300

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Schedule 1A

Criminal Code (Provisions amended,
renumbered or repealed by Criminal Law
Amendment Act 2000)
SectionSection heading

215

Carnal knowledge of girls under 16

337

Sexual assaults

347

Rape

Criminal Code (Provision repealed by Healthand Other Legislation Amendment Act 2016)
SectionSection heading

208

Unlawful sodomy

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 301

Penalties and Sentences Act 1992
Schedule 1B

Schedule 1B

Serious drug offences
section 161F

Drugs Misuse Act 1986
Part 1Category A offences

Column 1

Column 2

SectionSection heading

5

Trafficking in dangerous drugs

Part 2Category B offences

Column 1

Column 2

Column 3

SectionSection heading

Relevant circumstance6(1)Supplying dangerous The quantity of the dangerous
drugs
drug is of or exceeds the quantity
specified in the Drugs Misuse
Regulation 1987, schedule 3 inrespect of that drug.

7

Receiving or
possessing property
obtained fromtrafficking or
supplying

8

Producing dangerous The circumstances mentioned indrugs
paragraph (a), (b), (c) or (d) of
the penalty apply.

Page 302

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Schedule 1B

Column 1

Column 2

Column 3

SectionSection heading

Relevant circumstance

10B

Possession of aprohibited
combination of items

Part 3Category C offences

Column 1

Column 2

Column 3

SectionSection heading

Relevant circumstance8

Producing dangerous The circumstances mentioned indrugs
paragraph (e) of the penalty
apply and the court has made afinding of fact that the offendercommitted the offence with acommercial purpose.
Note—
See the Evidence Act 1977,
section 132C.

9

Possessing dangerous The circumstances mentioned indrugs
paragraph (a), (b) or (c) of thepenalty apply and the court has
made a finding of fact that theoffender committed the offencewith a commercial purpose.
Note—
See the Evidence Act 1977,
section 132C.

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 303

Penalties and Sentences Act 1992
Schedule 1C

Schedule 1C

Prescribed offences
section 161N, definition prescribed offence

Criminal Code

Page 304•

section 61 (Riot)•

section 87 (Official corruption)•section 92A (Misconduct in relation to public office)•section 119B (Retaliation against or intimidation of judicial
officer, juror, witness etc.)•

section 122 (Corruption of jurors)•

section 127 (Corruption of witnesses)•

section 140 (Attempting to pervert justice)•section 210 (Indecent treatment of children under 16)•

section 213 (Owner etc. permitting abuse of children on
premises)•section 215 (Carnal knowledge with or of children under 16)•

section 217 (Procuring young person etc. for carnal
knowledge)•

section 218 (Procuring sexual acts by coercion etc.)•

section 218A (Using internet etc. to procure children under16)•

section 218B (Grooming children under 16)•

section 219 (Taking child for immoral purposes)•

section 228A (Involving child in making child exploitationmaterial)•

section 228B (Making child exploitation material)•

section 228C (Distributing child exploitation material)
Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Schedule 1C•

section 228D (Possessing child exploitation material)•

section 228DA (Administering child exploitation material
website)•section 228DB (Encouraging use of child exploitationmaterial website)•

section 228DC (Distributing information about avoiding
detection)•section 229B (Maintaining a sexual relationship with a child)•section 229G (Procuring engagement in prostitution)•section 229H (Knowingly participating in provision of
prostitution)•section 229HB (Carrying on business of providing unlawful
prostitution)•section 229K (Having an interest in premises used forprostitution etc.)•

section 229L (Permitting young person etc. to be at place used
for prostitution)•sections 302 (Definition of murder) and 305 (Punishment ofmurder)•sections 303 (Definition of(Punishment of manslaughter)•

section 306 (Attempt to murder)•

section 307 (Accessory after the fact to murder)•

section 308 (Threats to murder in document)•

section 309 (Conspiring to murder)•

section 314A (Unlawful striking causing death)•section 317 (Acts intended to cause grievous bodily harm andother malicious acts)•

section 317A (Carrying or sending dangerous goods in a
vehicle)•section 320 (Grievous bodily harm)manslaughter)

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

and

310

Page 305

Penalties and Sentences Act 1992
Schedule 1C

Page 306•

section 320A (Torture)•

section 321 (Attempting to injure by explosive or noxious
substances)•section 339 (Assaults occasioning bodily harm), if the offence
is committed in circumstances where the offender is liable toimprisonment for 10 years•

section 340(1)(b) (Serious assaults), if the offence iscommitted in circumstances where the offender is liable toimprisonment for 14 years•

section 349 (Rape)•

section 350 (Attempt to commit rape)•

section 351 (Assault with intent to commit rape)•

section 352 (Sexual assaults)•

section 354 (Kidnapping)•

section 354A (Kidnapping for ransom)•

section 359 (Threats), if the offence is committed incircumstances where the offender is liable to imprisonmentfor 10 years•

section 359E (Punishment of unlawful stalking)•section 398 (Punishment of stealing), if item 14 (Stealing
firearm for use in another indictable offence) or 15 (Stealing
firearm or ammunition) applies•

section 408C (Fraud), if the offence is committed incircumstances where the offender is liable to imprisonmentfor 14 or more years•

section 408D (Obtaining or dealing with identification
information)•sections 409 (Definition of robbery) and 411(1) or (2)(Punishment of robbery)•

section 412 (Attempted robbery)•

section 415 (Extortion)

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Schedule 1C•

section 419(1), but only if section 419(3) applies, or 419(4)(Burglary)•section 433 (Receiving tainted property)

Criminal Proceeds Confiscation Act 2002•section 250 (Money laundering)

Drugs Misuse Act 1986
Note—
See the Evidence Act 1977, section 132C in relation to findings of fact
on sentencing.

•

section 5 (Trafficking in dangerous drugs)•

section 6 (Supplying dangerous drugs), if the offence iscommitted with a commercial purpose•

section 7 (Receiving or possessing property obtained fromtrafficking or supplying)•section 8 (Producing dangerous drugs), if the offence iscommitted with a commercial purpose•

section 9B (Supplying relevant substances or things), if theoffence is committed with a commercial purpose•

section 9C (Producing relevant substances or things), if theoffence is committed with a commercial purpose•

section 9D (Trafficking in relevant substances or things)

Weapons Act 1990•

section 50B (Unlawful supply of weapons), if either of thefollowing applies—•

the penalty, paragraph (a), (b) or (c)(i) or (ii)Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 307

Penalties and Sentences Act 1992
Schedule 1C••

Page 308

the penalty, paragraph (c)(iii) for a category A or B
weapon or category M crossbow

section 65 (Unlawful trafficking in weapons)

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Schedule 2

Schedule 2

Qualifying offences

section 162, definition qualifying offence, paragraph (a)Criminal Code
SectionSection heading or description of offence

54A

Demands with menaces upon agencies of government

210

Indecent treatment of children under 16

213

Owner etc. permitting abuse of children on premises

215

Carnal knowledge with or of children under 16

216

Abuse of persons with an impairment of the mind

217

Procuring young person etc. for carnal knowledge

218

Procuring sexual acts by coercion etc.

219

Taking child for immoral purposes

221

Conspiracy to defile

222

Incest229B

Maintaining a sexual relationship with a child

302, 305

Murder303, 310

Manslaughter

306

Attempt to murder309

Conspiring to murder

311

Aiding suicide

313

Killing unborn child

314A

Unlawful striking causing death

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 309

Penalties and Sentences Act 1992
Schedule 2

SectionSection heading or description of offence

315

Disabling in order to commit indictable offence

317

Acts intended to cause grievous bodily harm and othermalicious acts

320A

Torture321

Attempting to injure by explosive or noxious substances

322

Administering poison with intent to harm

349

Rape

350

Attempt to commit rape

351

Assault with intent to commit rape

352

Sexual assaults

411(2)

Robbery with circumstance of aggravation

412

Attempted robbery

Criminal Code (Provisions repealed by Criminal
Law Amendment Act 1997)
SectionSection heading

208

Unlawful anal intercourse

221

Conspiracy to defile

222

Incest by man

223

Incest by adult female

Page 310

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Penalties and Sentences Act 1992
Schedule 2

Criminal Code (Provisions amended,
renumbered or repealed by Criminal Law
Amendment Act 2000)
SectionSection heading

215

Carnal knowledge of girls under 16

336

Assault with intent to commit rape

337

Sexual assaults

347

Rape

349

Attempt to commit rape

Criminal Code (Provision repealed by Criminal
Code and Other Acts Amendment Act 2008)
SectionSection heading

209

Attempted sodomy

Criminal Code (Provision repealed by Healthand Other Legislation Amendment Act 2016)
SectionSection heading

208

Unlawful sodomy

Current as at 27 October 2017
Authorised by the Parliamentary Counsel

Page 311

Penalties and Sentences Act 1992
Endnotes

1

Index to endnotes

2

Key

3

Table of reprints

4

List of legislation

5

List of annotations

6

Information about retrospectivity

2

Key

Key to abbreviations in list of legislation and annotations
Key

Explanation

Key

Explanation

AIA = Acts Interpretation Act (prev) = previously
1954
amd = amendedproc= proclamation

amd = amendmentt

prov= provisionch= chapterpt= partdef= definition

pubd = publisheddiv= division

R[X] = Reprint No. [X]exp= expires/expired

RA

gaz

= gazette

reloc = relocatedhdg= headingrenum= renumberedins= inserted

rep= repealedlap= lapsed(retro = retrospectively)= Reprints Act 1992

notf = notifieddrv= revised version

num = numbereds= section

Page 312

Current as at 27 October 2017

Penalties and Sentences Act 1992
EndnotesKey

Explanation

Key

Explanationo inc= order in council

sch= scheduleom= omitted

sdiv= subdivision

orig = original

SIA= Statutory Instruments Act
1992

p= pageSIR= Statutory Instruments
Regulation 2012

para = paragraphSL= subordinate legislationprec = precedingsub= substitutedpres = present

unnu = unnumberedmprev = previous

3

Table of reprints

A new reprint of the legislation is prepared by the Office of the Queensland ParliamentaryCounsel each time a change to the legislation takes effect.
The notes column for this reprint gives details of any discretionary editorial powers under
the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in
preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory
requirements that all amendments be included and all necessary consequential
amendments be incorporated, whether of punctuation, numbering or another kind. Further
details of the use of any discretionary editorial power noted in the table can be obtained bycontacting the Office of the Queensland Parliamentary Counsel by telephone on 3003
9601 or email legislation.queries@oqpc.qld.gov.au.
From 29 January 2013, all Queensland reprints are dated and authorised by the
Parliamentary Counsel. The previous numbering system and distinctions between printed
and electronic reprints is not continued with the relevant details for historical reprints
included in this table.
Reprint Amendments toNo.

Effective

Reprint date1

1993 Act No. 36

23 July 1993

30 July 1993

2

1993 Act No. 76

14 December 1993 22 December 1993

Current as at 27 October 2017

Page 313

Penalties and Sentences Act 1992
Endnotes

Reprint
Amendments toNo.

Effective

Reprint date3

1994 Act No. 6

7 March 1994

21 March 1994

4

1995 Act No. 58

18 December 1995 20 December 1995

4A

1996 Act No. 79

20 December 1996 13 February 1997

4B

1996 Act No. 79

28 February 1997

14 March 1997

4C

1997 Act No. 9

1 July 1997

4 July 1997

5

1997 Act No. 9

1 July 1997

1 August 1997

5A

1997 Act No. 46

1 September 1997

12 September 1997

5B

1997 Act No. 82

5 December 1997

10 December 1997

5C

1999 Act No. 9

1 May 1999

16 July 1999

5D

1999 Act No. 70

6 December 1999

4 February 2000

61999 Act No. 70

1 March 2000

7 April 2000

6A

2000 Act No. 46

27 October 2000

3 November 2000

6B

2000 Act No. 63

27 November 2000 25 January 2001

72000 Act No. 63

1 July 2001

3 August 2001

7A

2001 Act No. 94

28 February 2002

8 March 2002

Reprint Amendments
No.
included

Effective

Notes

7B

2001 Act No. 94

1 July 2002

7C

2002 Act No. 23

19 July 2002

7D

2002 Act No. 34

16 August 2002

7E

2002 Act No. 46

24 September 2002

7F

2002 Act No. 59

14 November 2002

7G

2002 Act No. 6

10 March 2003

8

2003 Act No. 3

1 May 2003

Page 314

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotes

Reprint Amendments
No.
included

Effective

8A

2004 Act No. 37

1 January 2005

8B

2005 Act No. 10

29 April 2005

8C

2004 Act No. 43

31 August 2005

8D

2004 Act No. 43

19 November 2005

8E

2005 Act No. 70

8 December 2005

8F rv

2000 Act No. 5 (amd 21 July 2006
2006 Act No. 26)

8G rv

2006 Act No. 29(amd 2006 Act No.
41)

28 August 2006

9—28 August 2006

9A

2007 Act No. 3

30 April 2007

9B

2007 Act No. 37

28 September 2007

9C

2007 Act No. 59

15 March 2008

9D

2008 Act No. 59

25 November 2008

9E

2008 Act No. 55

1 December 2008

102008 Act No. 66

1 January 2009

10A

2009 Act No. 30

21 September 2009

10B

2009 Act No. 35

1 December 2009

10C

2009 Act No. 34

29 March 2010

10D

2010 Act No. 42

14 October 2010

10E

2010 Act No. 26

1 November 2010

10F

2010 Act No. 48

26 November 2010

10G

2010 Act No. 34

1 December 20102010 Act No. 51
Current as at 27 October 2017

Notes

R8G rv withdrawn,
see R9

R10G withdrawn,
see R11
Page 315

Penalties and Sentences Act 1992
Endnotes

Reprint Amendments
No.
included

Effective

11—

1 December 2010

11A

2011 Act No. 18

1 January 2012

Notes

2011 Act No. 19
11B2011 Act No. 32(amd 2012 Act No.
9)

1 July 2012

11C

2012 Act No. 14

19 July 2012

11D rv 2012 Act No. 17

21 August 2012

11E rv 2012 Act No. 19

29 August 2012

11F rv 2012 Act No. 5

17 September 2012 R11F rv withdrawn,
see R12 rv

12 rv

17 September 2012 Revision noticeissued for R12—

Current as at

Amendments
included

1 February 20132012 Act No. 40

31 March 20132013 Act No. 10

5 April 20132013 Act No. 3

1 July 20132013 Act No. 29

13 August 20132013 Act No. 31

29 August 20132013 Act No. 35

6 September 20132013 Act No. 21

23 September 20132013 Act No. 39

27 September 20132013 Act No. 31

17 October 20132013 Act No. 45

Page 316

Notes

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotes

Current as at

Amendments
included

27 November 20132013 Act No. 64

28 March 20142014 Act No. 9

1 July 20142014 Act No. 6

Notes

RA ss 43, 44, 44A2014 Act No. 21
15 August 20142014 Act No. 39

5 September 20142014 Act No. 42

1 October 20142014 Act No. 42

1 December 20142014 Act No. 42

1 December 2015

2015 Act No. 17

4 March 20162016 Act No. 4

5 May 20162016 Act No. 16

14 June 20162016 Act No. 31

1 July 20162016 Act No. 38

23 September 20162016 Act No. 50

9 December 20162016 Act No. 62

5 March 20172016 Act No. 5

9 March 20172017 Act No. 5

30 March 20172017 Act No. 6

5 June 20172017 Act No. 17

1 July 20172017 Act No. 8

3 July 20172017 Act No. 15

27 October 20172017 Act No. 41

Current as at 27 October 2017

RA s 43

RA s 35

Page 317

Penalties and Sentences Act 1992
Endnotes

4

List of legislation

Penalties and Sentences Act 1992 No. 48
date of assent 24 November 1992
ss 1–2 commenced on date of assent
ss 3–15, 44–51, 143–206 and 207 in a certain respect commenced 27 November
1992 (1992 SL No. 377)
pt 3 (ss 16–43) commenced 27 November 1992 (1992 SL No. 378)
ss 52–110, 120–142 and 207 in a certain respect commenced 18 December 1992
(1992 SL No. 393)
remaining provisions commenced 1 September 1994 (1994 SL No. 288)
amending legislation—
Penalties and Sentences Legislation Amendment Act 1993 No. 36 pts 1–2, s 2 sch 1
date of assent 23 July 1993
commenced on date of assent
Statute Law (Miscellaneous Provisions) Act (No. 2) 1993 No. 76 ss 1–3 sch 1
date of assent 14 December 1993
commenced on date of assent
Penalties and Sentences Amendment Act 1994 No. 6
date of assent 7 March 1994
commenced on date of assent
Marine Safety Act 1994 No. 14 ss 1–2, 234 sch 2
date of assent 27 April 1994
ss 1–2 commenced on date of assent
remaining provisions commenced 3 June 1994 (1994 SL No. 177)
Electricity Act 1994 No. 64 ss 1–2, 293 sch 4
date of assent 1 December 1994
ss 1–2 commenced on date of assent
remaining provisions commenced 1 January 1995 (1994 SL No. 467)
Mineral Resources Amendment Act 1995 No. 21 ss 1–2, 107 sch 2
date of assent 11 April 1995
ss 1–2 commenced on date of assent
remaining provisions commenced 1 May 1995 (1995 SL No. 117)
Criminal Offence Victims Act 1995 No. 54 ss 1–2, 45 sch 2
date of assent 22 November 1995
ss 1–2 commenced on date of assent
remaining provisions commenced 18 December 1995 (1995 SL No. 383)
Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1
date of assent 28 November 1995
s 4 sch 1 amdt 1 commenced 12 April 1996 (automatic commencement under AIA s
15DA(2)) (1995 No. 58 s 2(1) sch 1)
remaining provisions commenced on date of assent
Health Legislation Amendment Act (No. 2) 1996 No. 61 ss 1–2, 15 sch
Page 318

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotes

date of assent 9 December 1996
ss 1–2 commenced on date of assent
remaining provisions commenced 20 December 1996 (1996 SL No. 402)
Justice Legislation (Miscellaneous Provisions) Act 1996 No. 79 pts 1, 25
date of assent 12 December 1996
ss 1–2 commenced on date of assent
remaining provisions commenced 28 February 1997 (1997 SL No. 35)
Criminal Law Amendment Act 1997 No. 3 ss 1, 2(2), 122 sch 2
date of assent 3 April 1997
ss 1–2 commenced on date of assent
remaining provisions commenced 1 July 1997 (1997 SL No. 152)
Penalties and Sentences (Serious Violent Offences) Amendment Act 1997 No. 4 pts 1–
2
date of assent 3 April 1997
ss 1–2 commenced on date of assent
remaining provisions commenced 1 July 1997 (1997 SL No. 151)
Justice and Other Legislation (Miscellaneous Provisions) Act 1997 No. 9 ss 1, 2(5) pt
17date of assent 15 May 1997
ss 1–2 commenced on date of assent
remaining provisions commenced 20 June 1997 (1997 SL No. 155)
Cooperatives Act 1997 No. 39 ss 1–2, 472 sch 7
date of assent 25 August 1997
ss 1–2 commenced on date of assent
remaining provisions commenced 1 September 1997 (1997 SL No. 286)
Corrective Services Legislation Amendment Act 1997 No. 46 pts 1, 4
date of assent 29 August 1997
commenced on date of assent
Justice and Other Legislation (Miscellaneous Provisions) Act (No. 2) 1997 No. 82 ss
1–2(1), pt 19
date of assent 5 December 1997
commenced on date of assent
Corrective Services Legislation Amendment Act 1999 No. 9 pt 1 sch
date of assent 30 March 1999
ss 1–2 commenced on date of assent
remaining provisions commenced 1 May 1999 (1999 SL No. 72)
Road Transport Reform Act 1999 No. 42 ss 1–2(1), 54(3) sch pt 3
date of assent 2 September 1999
ss 1–2 commenced on date of assent
remaining provisions commenced 1 December 1999 (see s 2(1))
Audio Visual and Audio Links Amendment Act 1999 No. 65 pts 1, 5
date of assent 6 December 1999
ss 1–2 commenced on date of assent
Current as at 27 October 2017

Page 319

Penalties and Sentences Act 1992
Endnotesremaining provisions commenced 1 March 2000 (2000 SL No. 14)
Justice Legislation (Miscellaneous Provisions) Act (No. 2) 1999 No. 66 ss 1, 2(2) pt 6
date of assent 6 December 1999
ss 1–2 commenced on date of assent
remaining provisions commenced 1 March 2000 (2000 SL No. 15)
Justice Legislation (Miscellaneous Provisions) Act (No. 3) 1999 No. 67 pts 1, 4
date of assent 6 December 1999
commenced on date of assent
State Penalties Enforcement Act 1999 No. 70 ss 1–2, 166 sch 1 (this Act is amended,
see amending legislation below)
date of assent 6 December 1999
ss 1–2 commenced on date of assent
remaining provisions commenced 27 November 2000 (2000 SL No. 274)
amending legislation—
Statute Law (Miscellaneous Provisions) Act 2000 No. 46 ss 1, 3 sch (amends 1999 No.
70 above)date of assent 25 October 2000
commenced on date of assent
Mental Health Act 2000 No. 16 ss 1–2, 590 sch 1 pt 2
date of assent 8 June 2000
ss 1–2, 590 commenced on date of assent (see s 2(1))
remaining provisions commenced 28 February 2002 (2002 SL No. 27)
Penalties and Sentences and Other Acts Amendment Act 2000 No. 42 pts 1–2
date of assent 13 October 2000
ss 1–2 commenced on date of assent
remaining provisions commenced 27 October 2000 (2000 SL No. 272)
Criminal Law Amendment Act 2000 No. 43 pts 1, 8
date of assent 13 October 2000
ss 1–2 commenced on date of assent
remaining provisions commenced 27 October 2000 (2000 SL No. 270)
Statute Law (Miscellaneous Provisions) Act 2000 No. 46 ss 1, 3 sch
date of assent 25 October 2000
commenced on date of assent
Justice and Other Legislation (Miscellaneous Provisions) Act 2000 No. 58 ss 1–2 sch
date of assent 17 November 2000
commenced on date of assent
Corrective Services Act 2000 No. 63 ss 1, 2(2), 276 sch 2
date of assent 24 November 2000
ss 1–2 commenced on date of assent
remaining provisions commenced 1 July 2001 (2001 SL No. 88)
Penalties and Sentences (Non-contact Orders) Amendment Act 2001 No. 94 pts 1–2
date of assent 10 December 2001
Page 320

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotesss 1–2 commenced on date of assent
remaining provisions commenced 1 July 2002 (2002 SL No. 158)
Domestic Violence Legislation Amendment Act 2002 No. 6 ss 1–2, 53 sch 2
date of assent 13 March 2002
ss 1–2 commenced on date of assent
remaining provisions commenced 10 March 2003 (2003 SL No. 17)
Criminal Law Amendment Act 2002 No. 23 ss 1, 2(3), pt 9date of assent 23 May 2002
ss 1–2 commenced on date of assent
remaining provisions commenced 19 July 2002 (2002 SL No. 157)
Justice and Other Legislation (Miscellaneous Provisions) Act 2002 No. 34 ss 1, 74 sch
6date of assent 16 August 2002
commenced on date of assent
Community Services Legislation Amendment Act 2002 No. 46 ss 1, 40 sch
date of assent 24 September 2002
commenced on date of assent
Drug Diversion Amendment Act 2002 No. 59 pts 1, 3
date of assent 14 November 2002
commenced on date of assent
Sexual Offences (Protection of Children) Amendment Act 2003 No. 3 ss 1, 2(2), pt 5date of assent 4 March 2003
ss 1–2 commenced on date of assent
remaining provisions commenced 1 May 2003 (2003 SL No. 52)
Local Government (Community Government Areas) Act 2004 No. 37 ss 1–2, 86 sch 1
date of assent 27 October 2004
ss 1–2 commenced on date of assent
remaining provisions commenced 1 January 2005 (2004 SL No. 266)
Justice and Other Legislation Amendment Act 2004 No. 43 ss 1–2, pt 17
date of assent 18 November 2004
ss 1–2 commenced on date of assent
ss 78–80 commenced 19 November 2005 (automatic commencement under AIA s
15DA(2))
remaining provisions commenced 31 August 2005 (2005 SL No. 212)
Health Legislation Amendment Act 2005 No. 10 pt 1, s 50 sch
date of assent 1 April 2005
ss 1–2 commenced on date of assent
remaining provisions commenced 29 April 2005 (2005 SL No. 72)
Justice and Other Legislation Amendment Act 2005 No. 70 ss 1, 166 sch
date of assent 8 December 2005
commenced on date of assent

Current as at 27 October 2017

Page 321

Penalties and Sentences Act 1992
Endnotes

Police Powers and Responsibilities Act 2000 No. 5 s 810 sch 4 (prev s 459A sch 3A)(this Act is amended, see amending legislation below)
date of assent 23 March 2000
ss 1–2, 373–377, sch 2 commenced on date of assent (see s 2(2))
s 211 commenced 24 March 2001 (automatic commencement under AIA s
15DA(2))
remaining provisions commenced 1 July 2000 (see s 2(1), (3) and 2000 SL No. 174)
amending legislation—
Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26 ss 1–
2, 84, 86 (amends 2000 No. 5 above)
date of assent 1 June 2006
ss 1–2 commenced on date of assent
remaining provisions commenced 21 July 2006 (2006 SL No. 185)
Corrective Services Act 2006 No. 29 ss 1, 2(2), ch 8 pt 2 div 2 (this Act is amended, seeamending legislation below)
date of assent 1 June 2006
ss 1–2 commenced on date of assent
remaining provisions commenced 28 August 2006 (2006 SL No. 213)
amending legislation—
Crime and Misconduct and Other Legislation Amendment Act 2006 No. 41 pts 1, 2A(amends 2006 No. 29 above)
date of assent 11 August 2006
commenced on date of assent (see s 2)
State Penalties Enforcement and Other Legislation Amendment Act 2007 No. 3 pts 1,
7date of assent 16 February 2007
ss 1–2 commenced on date of assent
remaining provisions commenced 30 April 2007 (2007 SL No. 51)
Justice and Other Legislation Amendment Act 2007 No. 37 pts 1, 27, s 125 sch
date of assent 29 August 2007
ss 1–2 commenced on date of assent
remaining provisions commenced 28 September 2007 (2007 SL No. 241)
Local Government and Other Legislation (Indigenous Regional Councils)
Amendment Act 2007 No. 59 pts 1, 13
date of assent 22 November 2007
ss 1–2 commenced on date of assent
remaining provisions commenced 15 March 2008 (2007 SL No. 336)
Criminal Code and Other Acts Amendment Act 2008 No. 55 pts 1, 6
date of assent 23 October 2008
ss 1–2 commenced on date of assent
remaining provisions commenced 1 December 2008 (2008 SL No. 386)
Justice and Other Legislation Amendment Act 2008 No. 59 s 1, pt 23
date of assent 25 November 2008
commenced on date of assent
Page 322

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotes

Penalties and Sentences and Other Acts Amendment Act 2008 No. 66 ss 1–2(1), 3
date of assent 1 December 2008
ss 1–2 commenced on date of assent
remaining provision commenced 1 January 2009 (see s 2(1))
Corrective Services and Other Legislation Amendment Act 2009 No. 30 pts 1, 3
date of assent 26 August 2009
ss 1–2 commenced on date of assent
remaining provisions commenced 21 September 2009 (2009 SL No. 198)
Juvenile Justice and Other Acts Amendment Act 2009 No. 34 ss 1–2, 45(1) sch pt 1
amdt 26
date of assent 17 September 2009
ss 1–2 commenced on date of assent
remaining provisions commenced 29 March 2010 (2010 SL No. 37)
Victims of Crime Assistance Act 2009 No. 35 ss 1–2, ch 7 pt 5date of assent 17 September 2009
ss 1–2 commenced on date of assent
remaining provisions commenced 1 December 2009 (2009 SL No. 277)
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010
No. 26 pts 1, 14
date of assent 13 August 2010
ss 1–2 commenced on date of assent
remaining provisions commenced 1 November 2010 (2010 SL No. 236)
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act
2010 No. 34 pts 1, 3, s 33 sch
date of assent 8 September 2010
ss 1–2 commenced on date of assent
remaining provisions commenced 1 December 2010 (2010 SL No. 329)
Justice and Other Legislation Amendment Act 2010 No. 42 s 1, pt 25
date of assent 14 October 2010
commenced on date of assent
Penalties and Sentences (Sentencing Advisory Council) Amendment Act 2010 No. 48
date of assent 5 November 2010
ss 1–2 commenced on date of assent
remaining provisions commenced 26 November 2010 (2010 SL No. 330)
Liquor and Other Legislation Amendment Act 2010 No. 51 s 1, pt 7
date of assent 1 December 2010
commenced on date of assent
Work Health and Safety Act 2011 No. 18 ss 1–2, pt 18 div 4
date of assent 6 June 2011
ss 1–2 commenced on date of assent
remaining provisions commenced 1 January 2012 (2011 SL No. 238)
Safety in Recreational Water Activities Act 2011 No. 19 ss 1–2, pt 7 div 1
date of assent 6 June 2011
Current as at 27 October 2017

Page 323

Penalties and Sentences Act 1992
Endnotesss 1–2 commenced on date of assent
remaining provisions commenced 1 January 2012 (2011 SL No. 239)
Hospital and Health Boards Act 2011 No. 32 ss 1–2, 332 sch 1 pt 2 (prev Health andHospitals Network Act 2011) (this Act is amended, see amending legislation below)
date of assent 28 October 2011
ss 1–2 commenced on date of assent
remaining provisions commenced 1 July 2012 (2012 SL No. 61 item 3) (previous
proclamation 2012 SL No. 23 item 3 was rep (2012 SL No. 61))amending legislation—
Health and Hospitals Network and Other Legislation Amendment Act 2012 No. 9 ss
1–2(1), 47 (amends 2011 No. 32 above)
date of assent 27 June 2012
ss 1–2 commenced on date of assent
remaining provisions commenced 1 July 2012 (see s 2(1))
Domestic and Family Violence Protection Act 2012 No. 5 ss 1–2, 230 sch 1 pt 2
date of assent 17 February 2012
ss 1–2 commenced on date of assent
remaining provisions commenced 17 September 2012 (see s 2)
Criminal Law (Two Strike Child Sex Offenders) Amendment Act 2012 No. 14 pts 1, 3
date of assent 19 July 2012
commenced on date of assent
Penalties and Sentences and Other Legislation Amendment Act 2012 No. 17 pts 1, 10
date of assent 14 August 2012
ss 1–2 commenced on date of assent
remaining provisions commenced 21 August 2012 (see s 2)
Criminal Law Amendment Act 2012 No. 19 pts 1, 5
date of assent 29 August 2012
commenced on date of assent
Guardianship and Administration and Other Legislation Amendment Act 2012 No.
37 ss 1, 2(2), pt 7
date of assent 22 November 2012
ss 1–2 commenced on date of assent
remaining provisions commenced 21 August 2012 (see s 2(2))
Weapons and Other Legislation Amendment Act 2012 No. 40 ss 1–2(1), pt 3
date of assent 11 December 2012
ss 1–2 commenced on date of assent
remaining provisions commenced 1 February 2013 (see s 2(1))
Classification of Computer Games and Images and Other Legislation Amendment
Act 2013 No. 3 ss 1, 2(2)(e)–(f), 61 sch 2
date of assent 26 February 2013
ss 1–2 commenced on date of assent
remaining provisions commenced 5 April 2013 (2013 SL No. 39)
Mining and Other Legislation Amendment Act 2013 No. 10 ss 1, 2(e)–(f), 193 sch 1
Page 324

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotes

date of assent 22 March 2013
ss 1–2 commenced on date of assent
remaining provisions commenced 31 March 2013 immediately after thecommencement of the provisions of the Environmental Protection (Greentape
Reduction) and Other Legislation Amendment Act 2012 No. 16 commencing onthat day (2013 SL No. 36 and 2013 SL No. 24)
Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender
Confiscation Order) Amendment Act 2013 No. 21 pts 1, 4
date of assent 14 May 2013
ss 1–2 commenced on date of assent
remaining provisions commenced 6 September 2013 (2013 SL No. 174)
Industrial Relations (Transparency and Accountability of Industrial Organisations)and Other Acts Amendment Act 2013 No. 29 ss 1, 2(2), pt 2I
date of assent 20 June 2013
ss 1–2 commenced on date of assent
remaining provisions commenced 1 July 2013 (see s 2(2))
Criminal Law and Other Legislation Amendment Act 2013 No. 31 ss 1, 2(1)(b)–(c), pt
8date of assent 13 August 2013
ss 42 (other than to the extent it ins defs corrective services facility and drugtrafficking offence), 45, 47, 49–54, 56 and 62 commenced 27 September 2013(2013 SL No. 187) (see s 2(1)(b)–(c))
remaining provisions commenced on date of assent
Justice and Other Legislation Amendment Act 2013 No. 35 s 1, pt 29A
date of assent 29 August 2013
commenced on date of assent
Treasury and Trade and Other Legislation Amendment Act 2013 No. 39 ss 1, 109 sch
2, 111 sch 4
date of assent 23 September 2013
commenced on date of assent
Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 No. 45 pts
1, 5date of assent 17 October 2013
commenced on date of assent
Criminal Law (Criminal Organisations Disruption) and Other Legislation
Amendment Act 2013 No. 64 ss 1, 2(1)(c), pt 12
date of assent 27 November 2013
commenced on date of assent
Penalties and Sentences (Indexation) Amendment Act 2014 No. 6
date of assent 13 March 2014
ss 1–2 commenced on date of assent
remaining provisions commenced 1 July 2014 (2014 SL No. 43)
Youth Justice and Other Legislation Amendment Act 2014 No. 9 pts 1, 4
Current as at 27 October 2017

Page 325

Penalties and Sentences Act 1992
Endnotes

date of assent 28 March 2014
commenced on date of assent
Crime and Misconduct and Other Legislation Amendment Act 2014 No. 21 ss 1, 2(2),94(2) sch 2
date of assent 21 May 2014
ss 1–2 commenced on date of assent
remaining provisions commenced 1 July 2014 (2014 SL No. 107)
Criminal Law Amendment Act 2014 No. 39 s 1, pt 12
date of assent 15 August 2014
commenced on date of assent
Safe Night Out Legislation Amendment Act 2014 No. 42 ss 1, 2(2), (4)–(5), pt 8date of assent 5 September 2014
ss 1–2 commenced on date of assent
ss 82, 84, 86, 98–99, 100 (other than to the extent it ins new s 238), 101 commenced
on date of assent (see s 2(2))
ss 83, 89–97, 100 (to the extent it ins new s 238) commenced 1 December 2014 (sees 2(5))
ss 85, 87–88 commenced 1 October 2014 (see s 2(4))
Criminal Law (Domestic Violence) Amendment Act 2015 No. 17 pts 1, 6
date of assent 22 October 2015
ss 1–1A commenced on date of assent
remaining provisions commenced 1 December 2015 (see s 1A)
Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016 No. 4 pts 1, 7
date of assent 4 March 2016
commenced on date of assent
Mental Health Act 2016 No. 5 ss 1–2, 923 sch 4
date of assent 4 March 2016
ss 1–2 commenced on date of assent
s 923 sch 4 commenced 5 March 2017 (automatic commencement under AIA s
15DA(2))
Criminal Law (Domestic Violence) Amendment Act 2016 No. 16 pts 1, 3
date of assent 5 May 2016
commenced on date of assent
Penalties and Sentences (Queensland Sentencing Advisory Council) Amendment Act
2016 No. 31 pts 1–2, s 7 sch 1
date of assent 14 June 2016
commenced on date of assent
Youth Justice and Other Legislation Amendment Act (No. 1) 2016 No. 38 pts 1, 3
date of assent 27 June 2016
ss 1–2 commenced on date of assent
pt 3 commenced 1 July 2016 (see s 2)
Health and Other Legislation Amendment Act 2016 No. 50 ss 1, 40 sch 1
date of assent 23 September 2016
Page 326

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotes

ss 1, 40 sch 1 commenced on date of assent
Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment
Act 2016 No. 58 ss 1–2, 10 sch 1
date of assent 11 November 2016
ss 1–2 commenced on date of assent
s 10 sch 1 not yet proclaimed into force (see s 2)
Serious and Organised Crime Legislation Amendment Act 2016 No. 62 s 1, pt 19, s
493 sch 1 pt 1
date of assent 9 December 2016
commenced on date of assent
Liquor and Other Legislation Amendment Act 2017 No. 5
date of assent 9 March 2017ss 1–2, pt 4 commenced on date of assent
Criminal Law Amendment Act 2017 No. 6
date of assent 30 March 2017pts 1, 10, s 75 sch 1 commenced on date of assent
Victims of Crime Assistance and Other Legislation Amendment Act 2017 No. 8
date of assent 30 March 2017ss 1–2 commenced on date of assent
pt 4, s 101 sch 1 commenced 1 July 2017 (2017 SL No. 101)
State Penalties Enforcement Amendment Act 2017 No. 13
date of assent 19 May 2017ss 1–2 commenced on date of assent
s 90 sch 1 not yet proclaimed into force (see s 2)
Corrective Services (Parole Board) and Other Legislation Amendment Act 2017 No.
15date of assent 26 May 2017ss 1–2 commenced on date of assent
s 24 sch 1 commenced 3 July 2017 (2017 SL No. 93)
Court and Civil Legislation Amendment Act 2017 No. 17
date of assent 5 June 2017ss 1–2, pt 21, s 258 sch 1 commenced on date of assent
Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other
Legislation Amendment Act 2017 No. 41
date of assent 27 October 2017ss 1–2, pt 7 hdg, ss 31, 33–34 commenced on date of assent
ss 32, 35 not yet proclaimed into force (see s 2(d))

5List of annotations
Long title amd 2012 No. 17 s 30
Preamble amd 2012 No. 17 s 31

Current as at 27 October 2017

Page 327

Penalties and Sentences Act 1992
Endnotes

Purposess 3 amd 1997 No. 4 s 4; 2012 No. 17 s 32; 2016 No.62 s 271
Definitionss 4 def approved form amd 1999 No. 9 s 3 sch; 2004 No. 43 s 68
def approved provider ins 2002 No. 59 s 6
def attend ins 2002 No. 59 s 6
def Attorney-General ins 2016 No. 31 s 7 sch 1
def authorised corrective services officer sub 1997 No. 46 s 25
amd 1999 No. 9 s 3 sch
def authorised officer ins 2013 No. 21 s 62(1)def banning order ins 2010 No. 51 s 54(2)def benefit ins 2016 No. 62 s 272(2)def board guidelines ins 2010 No. 34 s 34(2)
amd 2017 No. 15 s 24 sch 1
def category A offence ins 2013 No. 21 s 62(1)def category B offence ins 2013 No. 21 s 62(1)def category C offence ins 2013 No. 21 s 62(1)def chief executive officer of Legal Aid Queensland ins 2016 No. 31 s 7 sch 1
def commission om 1999 No. 9 s 3 sch
def commissioner ins 2016 No. 62 s 272(2)def community based order amd 2013 No. 31 s 42(2)def community justice group amd 2007 No. 59 s 138(1)reloc from s 9 2007 No. 59 s 138(2)def community service amd 2000 No. 63 s 276 sch 2; 2006 No. 29 s 484(3)def control order ins 2016 No. 62 s 272(2)def corrective services facility ins 2013 No. 31 s 42(1)def corresponding control order ins 2016 No. 62 s 272(2)def council ins 2010 No. 48 s 4
om 2012 No. 19 s 12
ins 2016 No. 31 s 3
def court ins 2010 No. 48 s 4
sub 2016 No. 62 s 272(1)–(2)def criminal organisation ins 2016 No. 62 s 272(2)def Crown prosecutor ins 2001 No. 94 s 4
amd 2010 No. 51 s 54(1); 2016 No. 62 s 272(3)def current parole eligibility date ins 2016 No. 31 s 7 sch 1
def current parole release date ins 2016 No. 31 s 7 sch 1
def DAAR condition ins 2016 No. 4 s 68
def dangerous prisoners application ins 2010 No. 34 s 34(2)def director of public prosecutions ins 2016 No. 31 s 7 sch 1
def disqualifying offence ins 2002 No. 59 s 6
def domestic violence offence ins 2015 No. 17 s 17(1)def drug assessment and education session ins 2002 No. 59 s 6
def drug diversion condition ins 2002 No. 59 s 6
def drug diversion court ins 2002 No. 59 s 6
def drug trafficking offence ins 2013 No. 31 s 42(1)om 2013 No. 35 s 142B
def eligible drug offence ins 2002 No. 59 s 6Page 328

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotesdef eligible drug offender ins 2002 No. 59 s 6
def fine ins 2016 No. 31 s 7 sch 1
def finite sentence ins 2010 No. 34 s 34(2)def finite term ins 2010 No. 34 s 34(2)def graffiti offence ins 2013 No. 31 s 42(1)def graffiti removal order ins 2013 No. 31 s 42(1)def graffiti removal service ins 2013 No. 31 s 42(1)def guideline judgment ins 2010 No. 48 s 4
sub 2016 No. 31 s 7 sch 1
def guideline judgment for an offence under a Commonwealth Act ins 2016 No. 31 s
7 sch 1
def guideline proceeding ins 2016 No. 31 s 7 sch 1
def harm ins 2017 No. 8 s 101 sch 1
def honorary member ins 2016 No. 62 s 272(2)def impose ins 2016 No. 31 s 7 sch 1
def indefinite sentence ins 2010 No. 34 s 34(2)def licence ins 2016 No. 31 s 7 sch 1
def licensed premises ins 2010 No. 51 s 54(2)def licensee ins 2010 No. 51 s 54(2)def major criminal offence ins 2016 No. 62 s 272(2)def most serious related offence ins 2013 No. 21 s 62(1)def nominal sentence ins 2010 No. 34 s 34(2)def non-contact order ins 2001 No. 94 s 4
def offender levy ins 2012 No. 17 s 33(1)def offender’s community reloc from s 9 2007 No. 59 s 138(2)def office holder ins 2016 No. 62 s 272(2)def original order ins 2016 No. 31 s 7 sch 1
sub 2017 No. 6 s 65
def parole ins 2006 No. 29 s 484(2)def parole eligibility date ins 2016 No. 31 s 7 sch 1
def parole release date ins 2016 No. 31 s 7 sch 1
def participant ins 2016 No. 62 s 272(2)def penalty amd 1993 No. 36 s 2 sch 1; 2012 No. 17 s 33(2)def period of imprisonment ins 1993 No. 36 s 2 sch 1
def police banning notice ins 2016 No. 31 s 7 sch 1
def post-prison community based release ins 2000 No. 63 s 276 sch 2
om 2006 No. 29 s 484(1)def prescribed offence ins 2014 No. 42 s 83(2)sub 2016 No. 62 s 272(1)–(2)def prison amd 2000 No. 63 s 276 sch 2; 2006 No. 29 s 484(3)def proper officer amd 1995 No. 21 s 107 sch 2
sub 1999 No. 67 s 12
amd 2013 No. 21 s 62(2)def proper officer of the court ins 2016 No. 31 s 7 sch 1
def property ins 1994 No. 64 s 293 sch 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)def prospective member ins 2016 No. 62 s 272(2)Current as at 27 October 2017

Page 329

Penalties and Sentences Act 1992
Endnotesdef public place ins 2010 No. 51 s 54(2)sub 2014 No. 42 s 83
def qualifying offence ins 2010 No. 34 s 34(2)def Queensland board ins 2010 No. 34 s 34(2)
amd 2017 No. 15 s 24 sch 1
def Queensland driver licence ins 2007 No. 37 s 125 sch
def registered corresponding control order ins 2016 No. 62 s 272(2)def registrar ins 2016 No. 62 s 272(2)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
def related offences ins 2013 No. 21 s 62(1)def remove ins 2013 No. 31 s 42(1)def respondent ins 2016 No. 62 s 272(2)def review ins 2016 No. 31 s 7 sch 1
def senior police officer ins 2016 No. 62 s 272(2)def sentence sub 2016 No. 31 s 7 sch 1
def serious child sex offence ins 2012 No. 14 s 5
def serious criminal activity ins 2016 No. 62 s 272(2)def serious drug offence ins 2013 No. 21 s 62(1)def serious drug offence certificate ins 2013 No. 21 s 62(1)def serious harm ins 2010 No. 34 s 34(2)def serious organised crime circumstance of aggravation ins 2016 No. 62 s 272(2)def serious violent offence ins 1997 No. 4 s 5
def sexual offence ins 2016 No. 31 s 7 sch 1
def SPE Act ins 2016 No. 31 s 7 sch 1
def SPER ins 2007 No. 3 s 48
amd 2016 No. 31 s 7 sch 1
def term of imprisonment sub 2010 No. 34 s 34
def unpaid service ins 2013 No. 31 s 42(1)def unperformed graffiti removal service ins 2013 No. 31 s 42(1)def unperformed unpaid service ins 2013 No. 31 s 42(1)def victim ins 2017 No. 8 s 101 sch 1
def victim impact statement ins 2017 No. 8 s 101 sch 1
Meaning of authorised corrective services officers 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
Meaning of penalty units 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; 2016 No. 31 s 7 sch 1
Prescribed value of particular penalty units 5A ins 2014 No. 6 s 5Application to children and certain courtss 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

Page 330

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotes

Construction of references to court that made orders 8 amd 1995 No. 21 s 107 sch 2
Delegation of powers by proper officers 8A ins 1993 No. 76 s 3 sch 1
amd 1995 No. 21 s 107 sch 2; 2013 No. 10 s 193 sch 1
Sentencing guideliness 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
Court’s reasons to be stated and recordeds 10 amd 1999 No. 9 s 3 sch
Court to consider whether or not to record convictions 12 amd 2007 No. 37 s 127; 2008 No. 59 s 95
Convictions for offences relating to domestic violences 12A ins 2015 No. 17 s 18
amd 2017 No. 17 s 189
Cooperation with law enforcement authorities to be taken into account—undertaking to cooperates 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
Cooperation with law enforcement authorities to be taken into account—cooperation
given
s 13B ins 2014 No. 39 s 66
Information on sentences 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
Audiovisual link or audio link may be used to sentences 15A ins 1999 No. 65 s 10
amd 2013 No. 64 s 120
PART 2A—GUIDELINE JUDGMENTS
pt hdg ins 2010 No. 48 s 6
Definitions for pt 2A
s 15AA ins 2010 No. 48 s 6
def guideline judgment om 2016 No. 31 s 7 sch 1
Powers of court to give or review guideline judgmentss 15AB ins 2010 No. 48 s 6Limitations for guideline judgmentss 15AC ins 2010 No. 48 s 6
Current as at 27 October 2017

Page 331

Penalties and Sentences Act 1992
Endnotes

Guideline judgments on own initiative
s 15AD ins 2010 No. 48 s 6
Guideline judgments on applications 15AE ins 2010 No. 48 s 6
Right of appearance in a guideline proceedings 15AF ins 2010 No. 48 s 6Powers of Attorney-General or director of public prosecutions
s 15AG ins 2010 No. 48 s 6
Relevant considerations before giving or reviewing guideline judgment
s 15AH ins 2010 No. 48 s 6
sub 2012 No. 19 s 13
Procedural requirements if court decides to give or review guideline judgment
s 15AI ins 2010 No. 48 s 6
amd 2012 No. 19 s 14
Discretion of court preserveds 15AJ ins 2010 No. 48 s 6
Use of evidence in giving or reviewing guideline judgmentss 15AK ins 2010 No. 48 s 6
amd 2016 No. 31 s 4
Relationship between guideline judgments and other sentencing matterss 15AL ins 2010 No. 48 s 6PART 3—RELEASES, RESTITUTION AND COMPENSATION
Division 1—Orders to release certain offenders
Subdivision 1—Interpretation
sdiv hdg ins 2002 No. 59 s 7
Definitions for div 1
s 15B ins 2002 No. 59 s 7
def DAAR condition ins 2016 No. 4 s 69(1)def drug assessment and education session amd 2016 No. 4 s 69(2)Meaning of eligible drug offenders 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
Meaning of eligible drug offences 15D ins 2002 No. 59 s 7
amd 2007 No. 37 s 128; 2010 No. 42 s 162
Meaning of disqualifying offences 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

Page 332

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotes

Meaning of approved provider
s 15F ins 2002 No. 59 s 7
Subdivision 2—Orders
sdiv hdg ins 2002 No. 59 s 7Making of orders 17 amd 2002 No. 59 s 8Order of courts 19 amd 2002 No. 59 s 9; 2016 No. 4 s 70; 2017 No. 41 s 34
Contravention of orders 20 amd 2008 No. 55 s 138; 2016 No. 4 s 71
Termination of recognisances 21 amd 1993 No. 36 s 2 sch 1
Termination of recognisances 28 amd 1993 No. 36 s 2 sch 1
Recognisance instead of imposing any other sentences 32 amd 2010 No. 42 s 163
Termination of recognisances 33 amd 1993 No. 36 s 2 sch 1
Failing to obey condition of recognisances 33A ins 1993 No. 36 s 3
Division 3AA—Offenders failing to enter into recognisances before leaving court
div hdg ins 2017 No. 6 s 66
Application of divisions 33AA ins 2017 No. 6 s 66
Proper officer of court may give offender notices 33AB ins 2017 No. 6 s 66
Court may issue warrants 33AC ins 2017 No. 6 s 66
Orders for offender appearing before courts 33AD ins 2017 No. 6 s 66
Orders for particular offender failing to appear before courts 33AE ins 2017 No. 6 s 66
Evidentiary provisions 33AF ins 2017 No. 6 s 66
Division 3A—Provisions relating to forfeited recognisances
div hdg ins 1999 No. 70 s 166 sch 1 (amd 2000 No. 46 s 3 sch)
Order for payment of amount under forfeited recognisances 33B ins 1999 No. 70 s 166 sch 1 (amd 2000 No. 46 s 3 sch)Current as at 27 October 2017

Page 333

Penalties and Sentences Act 1992
Endnotes

sub 2007 No. 3 s 49
amd 2016 No. 31 s 7 sch 1
Variation or revocation of order forfeiting recognisances 33C ins 1999 No. 70 s 166 sch 1 (amd 2000 No. 46 s 3 sch)
Court may act under this division whether or not it records convictions 34 amd 2008 No. 59 s 96
Order for restitution or compensations 35 amd 1994 No. 14 s 234 sch 2
What order may states 36 amd 2007 No. 3 s 50; 2008 No. 59 s 97; 2016 No. 31 s 7 sch 1
Extension of times 38 sub 1993 No. 36 s 4
amd 2007 No. 3 s 51
Other orders available on failure to comply
s 39A ins 1999 No. 70 s 166 sch 1
amd 2016 No. 31 s 7 sch 1
Instalments—failing to pays 41 amd 1999 No. 70 s 166 sch 1
PART 3A—NON-CONTACT ORDERS
pt hdg ins 2001 No. 94 s 5
Court may make order whether or not it records convictions 43A ins 2001 No. 94 s 5Making non-contact orders 43B ins 2001 No. 94 s 5
amd 2002 No. 6 s 53 sch 2; 2012 No. 5 s 230 sch 1 pt 2
Requirements of non-contact orders 43C ins 2001 No. 94 s 5Amending or revoking non-contact orders 43D ins 2001 No. 94 s 5Order to be given to interested personss 43E ins 2001 No. 94 s 5Contravention of non-contact orders 43F ins 2001 No. 94 s 5PART 3B—BANNING ORDERS
pt hdg ins 2010 No. 51 s 55
Definitions for pt 3B
s 43G ins 2010 No. 51 s 55;
def police banning notice amd 2014 No. 42 s 85
Record of conviction not required
Page 334

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotess 43H ins 2010 No. 51 s 55
What is a banning orders 43I ins 2010 No. 51 s 55
amd 2014 No. 42 s 86
Making a banning orders 43J ins 2010 No. 51 s 55
amd 2014 No. 42 s 87; 2017 No. 5 s 27
Banning order to be explaineds 43K ins 2010 No. 51 s 55
Amending or revoking banning orders 43L ins 2010 No. 51 s 55
Banning order to be given to interested personss 43M ins 2010 No. 51 s 55
Commissioner of police service may give copy of banning order to particular personss 43N ins 2010 No. 51 s 55
amd 2014 No. 42 s 88; 2017 No. 6 s 67
Contravention of banning orders 43O ins 2010 No. 51 s 55
Exercise of power to fines 48 amd 2012 No. 17 s 36
Single fine for 2 or more offencess 49 amd 1993 No. 76 s 3 sch 1
Instalment orders 50 sub 2007 No. 3 s 52
amd 2016 No. 31 s 7 sch 1
Payment of fines 51 sub 2007 No. 3 s 52
amd 2010 No. 48 s 3 sch; 2016 No. 31 s 7 sch 1
Definitionss 52 def fine sub 1993 No. 36 s 2 sch 1
Application for order if offender before courts 53 amd 1993 No. 36 s 2 sch 1
Application for order generallys 55 amd 1993 No. 36 s 2 sch 1
Notice to offender of right to apply for fine option orders 56 sub 1993 No. 36 s 5
amd 1993 No. 76 s 3 sch 1; 1994 No. 6 s 3
om 1999 No. 70 s 166 sch 1
Offender may apply to proper officer for fine option order
Current as at 27 October 2017

Page 335

Penalties and Sentences Act 1992
Endnotess 56A ins 1993 No. 76 s 3 sch 1
amd 1999 No. 70 s 166 sch 1
Matters to be considered on applications 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
Proper officer must reconsider offender’s financial positions 58 ins 1993 No. 36 s 6
amd 1999 No. 70 s 166 sch 1
Determination of applications 59 amd 1993 No. 36 s 2 sch 1; 1999 No. 70 s 166 sch 1
Application may be granted or refuseds 60 amd 1993 No. 36 s 2 sch 1; 1999 No. 70 s 166 sch 1
Making of order by proper officer of the courts 61 amd 1993 No. 36 s 2 sch 1
Effect of fine option orders 62 amd 1993 No. 36 s 2 sch 1; 1999 No. 70 s 166 sch 1
No liability if warrant executed in good faith and without negligences 63 amd 2006 No. 29 s 487
Order to be in writings 64 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch
Requirements of fine option orders
s 66 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch
Directions under fine option orders 67 amd 1999 No. 9 s 3 sch; 2004 No. 43 s 72
Period mentioned in s 66(2) may be extendeds 68 sub 1993 No. 36 s 7
amd 1999 No. 9 s 3 sch; 2004 No. 43 s 73
Maximum number of hours
s 69 amd 1993 No. 36 s 2 sch 1; 2000 No. 58 s 2 sch
Fine reduced proportionate to imprisonments 70 amd 1999 No. 70 s 166 sch 1
Failing to comply with a requirement of an orders 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
Matter may be heard and determined in offender’s absences 75 om 1999 No. 70 s 166 sch 1

Page 336

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotes

Proper officer to determine hours of community services 76 amd 1999 No. 70 s 166 sch 1
Failing to comply not question for jurys 77 om 1999 No. 70 s 166 sch 1
Effect of revoking order under s 74
s 78 amd 1993 No. 36 s 2 sch 1; 1999 No. 70 s 166 sch 1
Revocation of fine option order other than under s 74
s 79 amd 1993 No. 36 s 2 sch 1
Application for revocations 81 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch
Imprisonment to be reduced proportionate to amount of fine paid or community
service performeds 82 amd 2007 No. 37 s 125 sch
Court to notify court that imposed fine option orders 83 sub 1993 No. 36 s 8
Certificatess 84 amd 1999 No. 9 s 3 sch; 1999 No. 67 s 13
Appealss 85 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch; 1999 No. 70 s 166 sch 1
Hearing and determination of appealss 86 amd 1993 No. 36 s 2 sch 1
Rules of courts 87 amd 1993 No. 36 s 2 sch 1
om 1995 No. 58 s 4 sch 1
Termination of fine option orders 88 amd 1993 No. 36 s 2 sch 1; 1999 No. 70 s 166 sch 1
Original order terminateds 89 amd 1993 No. 36 s 2 sch 1; 1993 No. 76 s 3 sch 1
PART 5—INTERMEDIATE ORDERS
Effect of orders 92 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch; 2002 No. 23 s 61
General requirements of probation orders 93 amd 1999 No. 9 s 3 sch
Additional requirements of probation orders 94 amd 2007 No. 3 s 53
Probation order to be explaineds 95 amd 1999 No. 9 s 3 sch
Termination of probation order
Current as at 27 October 2017

Page 337

Penalties and Sentences Act 1992
Endnotess 99 amd 1993 No. 36 s 2 sch 1; 2013 No. 31 s 44
Division 2—Community service orders
Subdivision 1—Generalsdiv hdg ins 2014 No. 42 s 89
Making of an orders 101 amd 1993 No. 36 s 2 sch 1
General requirements of community service orders 103 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch
Requirements relating to restitution and compensations 104 om 2007 No. 3 s 54
Community service order to be explaineds 105 amd 1999 No. 9 s 3 sch
Offender to agree to making or amending orders 106 amd 2014 No. 42 s 90
Multiple offencess 107 amd 2013 No. 31 s 45; 2014 No. 42 s 91
Termination of community service orders 108 amd 1993 No. 36 s 2 sch 1; 2013 No. 31 s 46; 2014 No. 42 s 91A
Subdivision 2—Community service orders mandatory for particular offences
sdiv 2 (ss 108A–108D) ins 2014 No. 42 s 92
PART 5A—GRAFFITI REMOVAL ORDERS
pt hdg ins 2013 No. 31 s 47
Making of an orders 110A ins 2013 No. 31 s 47
amd 2014 No. 42 s 92A
Effect of orders 110B ins 2013 No. 31 s 47
General requirements of graffiti removal orders 110C ins 2013 No. 31 s 47
Graffiti removal order to be explaineds 110D ins 2013 No. 31 s 47
Multiple orders for single graffiti offences 110E ins 2013 No. 31 s 47
Multiple orders for multiple offencess 110F ins 2013 No. 31 s 47
Successive orderss 110G ins 2013 No. 31 s 47
Unpaid service to be performed cumulatively
Page 338

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotess 110H ins 2013 No. 31 s 47
Termination of graffiti removal orders 110I ins 2013 No. 31 s 47
Making of orders 112 amd 1993 No. 36 s 2 sch 1
Effect of orders 113 amd 2006 No. 29 s 488
General requirements of intensive correction orders 114 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch; 2004 No. 43 s 74
Additional requirements of intensive correction orders 115 amd 2007 No. 3 s 55
Intensive correction order to be explaineds 116 amd 1999 No. 9 s 3 sch
Termination of intensive correction orders 119 amd 1993 No. 36 s 2 sch 1; 2013 No. 31 s 48
Amendment and revocation of community based orders generallys 120 amd 2013 No. 31 s 49; 2014 No. 42 s 93
Amendment and revocation of s 108B community service order or graffiti removal
orders 120A ins 2013 No. 31 s 50
sub 2014 No. 42 s 94
Offender may be re-sentenced on revocation of orders 121 amd 2013 No. 31 s 51; 2014 No. 42 s 95
Application for amendment or revocations 122 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch
Powers of Magistrates Court that convicts offender of offence against s 123(1)s 125 amd 2007 No. 37 s 129; 2013 No. 31 s 52; 2014 No. 42 s 96
Powers of Supreme Court or District Court to deal with offenders 126 amd 2007 No. 37 s 130; 2013 No. 31 s 53; 2014 No. 42 s 97
Particular provision for driver licence disqualificationss 126A ins 2007 No. 37 s 131
Summons or warrant for contravention of single community based orders 128 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch; 2000 No. 63 s 276 sch 2; 2004
No. 43 s 75
Summons or warrant for contravention of multiple orders made by courts ofdifferent jurisdictionss 129 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch; 2000 No. 63 s 276 sch 2; 2004
No. 43 s 76

Current as at 27 October 2017

Page 339

Penalties and Sentences Act 1992
Endnotes

Discharge of multiple community based orders where contravention taken into
accounts 130 amd 2013 No. 31 s 54
Proceedings after end of period of orders 132 amd 1993 No. 36 s 2 sch 1
Authorised corrective services officers subject to direction of courts 133 amd 1999 No. 9 s 3 sch
Requirements of order have effect despite appeals 134 amd 2013 No. 31 s 55
Directions under community based orders 135 amd 1999 No. 9 s 3 sch; 2004 No. 43 s 77; 2013 No. 31 s 56
Notifications following making of orders 136 amd 1999 No. 9 s 3 sch
Facilitation of proofs 137 amd 1999 No. 9 s 3 sch
Court may order summons or warrant for offender’s appearances 139 amd 1999 No. 9 s 3 sch
Offence against this part—complainants 142 amd 1999 No. 9 s 3 sch
Sentence of imprisonment may be suspendeds 144 amd 1993 No. 36 s 2 sch 1
Consequences of committing offence during operational periods 146 amd 1993 No. 36 s 2 sch 1; 2002 No. 23 s 62; 2008 No. 55 s 139
Summons or warrant for offender whose sentence of imprisonment has beensuspendeds 146A ins 1997 No. 82 s 75
amd 1999 No. 9 s 3 sch; 2008 No. 55 s 140
Power of court mentioned in s 146
s 147 amd 1993 No. 36 s 2 sch 1; 1997 No. 4 s 7; 2002 No. 23 s 63; 2008 No. 55 s
141
Imprisonment to be served immediatelys 148 amd 1993 No. 36 s 2 sch 1
Application of remission provisions to suspended sentencess 151 sub 1993 No. 36 s 9
om 2006 No. 29 s 489
Conditional release and parole for suspended sentencess 151A ins 1993 No. 36 s 10
sub 2006 No. 29 s 490
PART 9—IMPRISONMENT
Page 340

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotes

Division 1—Liability
div hdg ins 2006 No. 29 s 491(1)Proper officer to give chief executive (corrective services) record of order of
imprisonments 152A ins 2006 No. 29 s 492
amd 2010 No. 26 s 107
Term of imprisonment if none prescribeds 153A (prev s 160) renum and reloc 2006 No. 29 s 495
Division 2—Calculation
div hdg ins 2006 No. 29 s 491(2)Calculation of term of imprisonments 154 amd 1993 No. 36 s 2 sch 1; 2004 No. 43 s 78
Cumulative orders of imprisonments 156 amd 1993 No. 36 s 2 sch 1; 1993 No. 76 s 3 sch 1
Cumulative order of imprisonment must be made in particular circumstancess 156A ins 1997 No. 4 s 8
amd 2000 No. 63 s 276 sch 2; 2002 No. 34 s 74 sch 6; 2006 No. 29 s 493; 2010 No.
34 s 33 sch
Eligibility for post-prison community based releases 157 amd 1993 No. 36 s 2 sch 1; 1997 No. 4 s 9; 2000 No. 63 s 276 sch 2
om 2006 No. 29 s 494
Imprisonment to have effect from arrests 158 amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch
om 2004 No. 43 s 79
Term of imprisonment does not run if offender on bail awaiting appeals 158A ins 1993 No. 36 s 11
Time held in presentence custody to be deducteds 159A (prev s 161) amd 1993 No. 36 s 2 sch 1; 1999 No. 9 s 3 sch; 2004 No. 43 s
80
renum 2006 No. 29 s 496
amd 2017 No. 6 s 68
Division 3—Parole
div hdg ins 2006 No. 29 s 497
Definitions for div 3
s 160 ins 2006 No. 29 s 497 (amd 2006 No. 41 s 35B(1)–(2))
def impose amd 2008 No. 55 s 142
def parole eligibility date amd 2016 No. 62 s 275
Application of ss 160B–160Ds 160A ins 2006 No. 29 s 497 (amd 2006 No. 41 s 35B(3))
amd 2012 No. 14 s 6; 2012 No. 19 s 15; 2012 No. 40 s 7; 2013 No. 31 s 57l; 2013
No. 35 s 142C; 2013 No. 45 s 51; 2014 No. 42 s 98; 2016 No. 62 s 276
Current as at 27 October 2017

Page 341

Penalties and Sentences Act 1992
Endnotes

Reduction of minimum period of imprisonment for particular offenderss 160AA ins 2016 No. 62 s 277
Sentence of 3 years or less and not a serious violent offence or sexual offences 160B ins 2006 No. 29 s 497 (amd 2006 No. 41 s 35B(4))
amd 2016 No. 62 s 278
Sentence of more than 3 years and not a serious violent offence or sexual offences 160C ins 2006 No. 29 s 497
amd 2013 No. 31 s 58; 2013 No. 35 s 142D
Sentence for a serious violent offence or sexual offences 160D ins 2006 No. 29 s 497
amd 2013 No. 31 s 59; 2013 No. 35 s 142E
Automatic cancellation of parole release or eligibility datess 160E ins 2006 No. 29 s 497
amd 2013 No. 31 s 60; 2013 No. 35 s 142F
Significance of an offender’s period of imprisonments 160F ins 2006 No. 29 s 497
Court may fix any day of sentence as parole release dates 160G ins 2006 No. 29 s 497
Series of sentences involving terms of imprisonments 160H ins 2006 No. 29 s 497 (amd 2006 No. 41 s 35B(5)–(7))
PART 9A—CONVICTIONS OF SERIOUS VIOLENT OFFENCES
pt hdg ins 1997 No. 4 s 10
When an offender is convicted of a serious violent offences 161A ins 1997 No. 4 s 10
amd 2010 No. 34 s 33 sch
Declaration of conviction of serious violent offences 161B ins 1997 No. 4 s 10
amd 2010 No. 48 s 7; 2010 No. 34 s 33 sch
Calculation of number of years of imprisonments 161C ins 1997 No. 4 s 10
amd 2010 No. 34 s 33 sch
PART 9B—REPEAT SERIOUS CHILD SEX OFFENCES
pt hdg ins 2012 No. 14 s 7
Meaning of serious child sex offences 161D prev s 161D ins 1997 No. 4 s 10
amd 2000 No. 63 s 276 sch 2
om 2006 No. 29 s 498
pres s 161D ins 2012 No. 14 s 7
Mandatory sentence for repeat serious child sex offences 161E ins 2012 No. 14 s 7
Page 342

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotes

PART 9C—SERIOUS DRUG OFFENCES
pt hdg ins 2013 No. 21 s 63
Division 1—Interpretation
div 1 (s 161F) ins 2013 No. 21 s 63
Division 2—Issue of serious drug offence certificates
div hdg ins 2013 No. 21 s 63
Issue of serious drug offence certificates 161G ins 2013 No. 21 s 63
Content of serious drug offence certificates 161H ins 2013 No. 21 s 63
Amendment of certificate by court to include related offence for which offender issentenced laters 161I ins 2013 No. 21 s 63
Amendment of certificate by proper officer to correct minor errors 161J ins 2013 No. 21 s 63
Amendment by proper officer, or cancellation, of certificate on quashing ofconviction or appeals 161K ins 2013 No. 21 s 63
Effect of amendment of certificate on date of issues 161L ins 2013 No. 21 s 63
Process for issuing or amending certificates 161M ins 2013 No. 21 s 63
amd 2014 No. 21 s 94(2) sch 2
PART 9D—SERIOUS AND ORGANISED CRIME
pt hdg ins 2016 No. 62 s 279
Division 1—Preliminary
div hdg ins 2016 No. 62 s 279
Definitions for parts 161N ins 2016 No. 62 s 279
Meaning of criminal organisations 161O ins 2016 No. 62 s 279
Meaning of participants 161P ins 2016 No. 62 s 279
Meaning of serious organised crime circumstance of aggravations 161Q ins 2016 No. 62 s 279
Division 2—Term of imprisonment for particular offenders
div hdg ins 2016 No. 62 s 279
Court must impose term of imprisonments 161R ins 2016 No. 62 s 279
Current as at 27 October 2017

Page 343

Penalties and Sentences Act 1992
Endnotes

Cooperation with law enforcement agenciess 161S ins 2016 No. 62 s 279
Division 3—Control orders
div hdg ins 2016 No. 62 s 279
Subdivision 1—Making of orders
sdiv hdg ins 2016 No. 62 s 279
Court may make control order whether or not conviction recorded or other ordermades 161T ins 2016 No. 62 s 279
Conditionss 161U ins 2016 No. 62 s 279
When court must make orders 161V ins 2016 No. 62 s 279
When court may make order—offender who was participant in criminalorganisations 161W ins 2016 No. 62 s 279
When court may make order—offender convicted of habitual consortings 161X ins 2016 No. 62 s 279
When court may make order—offender convicted of contravening orders 161Y ins 2016 No. 62 s 279
Control order to be explaineds 161Z ins 2016 No. 62 s 279
Offender subject to existing control orders 161ZA ins 2016 No. 62 s 279
Durations 161ZB ins 2016 No. 62 s 279
Effect if offender is detained on remand or imprisoneds 161ZC ins 2016 No. 62 s 279
Subdivision 2—Amendment and revocation of orders
sdiv hdg ins 2016 No. 62 s 279
Application for amendment or revocations 161ZD ins 2016 No. 62 s 279
Court may amend order or remit applications 161ZE ins 2016 No. 62 s 279
Court may revoke orders 161ZF ins 2016 No. 62 s 279
Order amending or revoking control order to be given to interested personss 161ZG ins 2016 No. 62 s 279

Page 344

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotes

Subdivision 3—Restrictions on use of particular information
sdiv hdg ins 2016 No. 62 s 279
Restrictionss 161ZH ins 2016 No. 62 s 279
Subdivision 4—Enforcement
sdiv hdg ins 2016 No. 62 s 279
Contravention of orders 161ZI ins 2016 No. 62 s 279
Initial power to search and seize particular thingss 161ZJ ins 2016 No. 62 s 279
Things seized within the first 24 hourss 161ZK ins 2016 No. 62 s 279
Police powers for preventing contravention of control orders 161ZL ins 2016 No. 62 s 279
Authorised corrective services officer may give directions 161ZM ins 2016 No. 62 s 279
Proceeding after order no longer in forces 161ZN ins 2016 No. 62 s 279
Charge must be heard and decided summarily on prosecution elections 161ZO ins 2016 No. 62 s 279
Constitution of Magistrates Courts 161ZP ins 2016 No. 62 s 279
When Magistrates Court must abstain from jurisdictions 161ZQ ins 2016 No. 62 s 279
Charge may be heard and decided where defendant arrested or serveds 161ZR ins 2016 No. 62 s 279
Time for prosecutions 161ZS ins 2016 No. 62 s 279
Maximum penalty for offence dealt with summarilys 161ZT ins 2016 No. 62 s 279
Appeals against decision to decide charge summarilys 161ZU ins 2016 No. 62 s 279
Subdivision 5—Corresponding control orders
sdiv hdg ins 2016 No. 62 s 279
Definitions for subdivisions 161ZV ins 2016 No. 62 s 279
Regulation may prescribe orderss 161ZW ins 2016 No. 62 s 279
Current as at 27 October 2017

Page 345

Penalties and Sentences Act 1992
Endnotes

Application for registration of orders 161ZX ins 2016 No. 62 s 279
Registration of orders 161ZY ins 2016 No. 62 s 279
Referral of order to court for adaptation or modifications 161ZZ ins 2016 No. 62 s 279
Action by the registrar and commissioner after registration of orders 161ZZA ins 2016 No. 62 s 279
Effect of amended order if respondent not notified of amendments 161ZZB ins 2016 No. 62 s 279
Amendment or cancellation of registered orders 161ZZC ins 2016 No. 62 s 279
Operation of order not affecteds 161ZZD ins 2016 No. 62 s 279
Subdivision 6—Miscellaneous
sdiv hdg ins 2016 No. 62 s 279
Order not affected by appeals 161ZZE ins 2016 No. 62 s 279
Definitionss 162 def qualifying offence ins 2010 No. 34 s 35
def violent offence amd 1997 No. 4 s 11; 1997 No. 9 s 50; 2000 No. 43 s 56
om 2010 No. 34 s 35
Indefinite sentence—impositions 163 amd 2000 No. 16 s 590 sch 1 pt 2; 2010 No. 34 s 36; 2016 No. 5 s 923 sch 4
Counsel for prosecution to inform courts 164 amd 1997 No. 4 s 12
Attorney-General’s consent
s 165 amd 2010 No. 34 s 37
Adjournments 166 amd 2010 No. 34 s 38
Reports about offenders 166A ins 2010 No. 34 s 39
Distribution of reportss 166B ins 2010 No. 34 s 39
Use of reportss 166C ins 2010 No. 34 s 39
Evidences 167 amd 1997 No. 4 s 13; 2010 No. 34 s 40; 2013 No. 13 s 61 sch 2

Page 346

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotes

Review—periodics 171 amd 2002 No. 23 s 64; 2012 No. 14 s 8; 2012 No. 19 s 16; 2014 No. 42 s 99;
2016 No. 62 s 280
Distribution of reportss 172A ins 1997 No. 4 s 14
amd 2009 No. 35 s 212
Disputed reports 172B ins 1997 No. 4 s 14
Review hearings 172C ins 1997 No. 4 s 14
amd 2009 No. 35 s 213; 2017 No. 8 s 101 sch 1
Court not to have regard to possible order under Dangerous Prisoners (Sexual
Offenders) Act 2003s 172D ins 2010 No. 34 s 41
amd 2013 No. 31 s 61; 2014 No. 9 s 35
Indefinite sentence dischargeds 173 amd 2010 No. 34 s 42
Parole application if finite sentence imposeds 174 amd 1999 No. 9 s 3 sch
sub 2006 No. 29 s 499
amd 2009 No. 30 s 43
sub 2010 No. 34 s 43
amd 2017 No. 15 s 24 sch 1
When parole order must be mades 174A ins 2010 No. 34 s 43
amd 2017 No. 15 s 24 sch 1
Provisions for parole orders under parts 174B ins 2010 No. 34 s 43
amd 2017 No. 15 s 24 sch 1
Parole provisions on cancellation of parole orders 174C ins 2010 No. 34 s 43
amd 2017 No. 15 s 24 sch 1
Remissions not to be alloweds 175 amd 2000 No. 63 s 276 sch 2
om 2006 No. 29 s 499
Registrar of court to give reports 176 amd 1996 No. 61 s 15 sch; 1997 No. 4 s 15; 1999 No. 9 s 3 sch; 2000 No. 46 s
3 sch; 2005 No. 10 s 50 sch; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47)
Hearings—offender to be presents 179 amd 2006 No. 29 s 500
PART 10A—OFFENDER LEVY
Current as at 27 October 2017

Page 347

Penalties and Sentences Act 1992
Endnotes

pt hdg ins 2012 No. 17 s 37
Purpose of pt 10A
s 179A ins 2012 No. 17 s 37
Definition for parts 179B ins 2012 No. 17 s 37
sub 2016 No. 31 s 7 sch 1
Imposition of offender levys 179C ins 2012 No. 17 s 37
amd 2012 No. 37 s 38 (retro)
Subsequent sentencess 179D ins 2012 No. 17 s 37
Payment of offender levys 179E ins 2012 No. 17 s 37
Enforcement of offender levy by registrations 179F ins 2012 No. 17 s 37
Amounts to be satisfied before satisfying offender levys 179G ins 2012 No. 17 s 37
Effect of appeal against relevant convictionss 179H ins 2012 No. 17 s 37
PART 10B—VICTIM IMPACT STATEMENTS
pt hdg ins 2017 No. 8 s 12
Definitions for parts 179I ins 2017 No. 8 s 12
Application of parts 179J ins 2017 No. 8 s 12
Giving details of impact of crime on victim during sentencing
s 179K ins 2017 No. 8 s 12
amd 2017 No. 8 s 101 sch 1
Preparation of victim impact statements 179L ins 2017 No. 8 s 12
Reading aloud of victim impact statement during sentencing
s 179M ins 2017 No. 8 s 12
Special arrangements for reading aloud of victim impact statement during sentencing
s 179N ins 2017 No. 8 s 12
Meaning of certain sentence provisions
s 180A ins 1993 No. 36 s 12
Corporations entitled to aggrieved party paymentss 181 amd 1993 No. 76 s 3 sch 1

Page 348

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotes

Corporations to be fined if imprisonment is the only penaltys 181A (prev s 181(2), (3), (6)) renum 1993 No. 76 s 3 sch 1
Corporation fines under penalty provisions 181B ins 1993 No. 76 s 3 sch 1
Corporation fines under provision authorising subordinate legislations 181C ins 1993 No. 76 s 3 sch 1
Enforcement of order for penalty for an offender dealt with on indictments 182 amd 1993 No. 36 s 2 sch 1
Court may make order for default payment of penaltys 182A ins 1993 No. 36 s 13
amd 2007 No. 3 s 56; 2016 No. 31 s 7 sch 1
Warrant for arrest and imprisonments 182B ins 1993 No. 36 s 13
amd 1994 No. 6 s 4
om 1999 No. 70 s 166 sch 1
Imprisonment unless penalty paids 183 amd 1993 No. 36 s 2 sch 1; 1994 No. 6 s 5
Scale of imprisonment for non-payment of penaltys 185 amd 1993 No. 36 s 2 sch 1; 1994 No. 6 s 6
If offender does not pay penalty under s 182A or 185
s 185A ins 1993 No. 36 s 14
amd 1993 No. 76 s 3 sch 1
sub 1999 No. 70 s 166 sch 1
amd 2007 No. 3 s 57; 2016 No. 31 s 7 sch 1
Power of proper officer to postpone warrants 185B ins 1993 No. 36 s 14
amd 1999 No. 70 s 166 sch 1; 2007 No. 3 s 58
Power of proper officer to recall warrant and issue new warrant on part payment ofpenaltys 185C ins 1999 No. 67 s 14
Reduction of imprisonments 186 amd 1996 No. 79 s 92; 1999 No. 70 s 166 sch 1; 2006 No. 29 s 501
Disqualification from holding Queensland driver licences 187 amd 1999 No. 42 s 51 sch pt 3; 2007 No. 37 s 125 sch; 2010 No. 48 s 3 sch;2013 No. 45 s 52; 2014 No. 39 s 67; 2016 No. 62 s 281
Court may reopen sentencing proceedingss 188 sub 1997 No. 3 s 122 sch 2
amd 2006 No. 29 s 502
Outstanding offences may be taken into account in imposing sentences 189 amd 1993 No. 36 s 2 sch 1; 2013 No. 31 s 62
Current as at 27 October 2017

Page 349

Penalties and Sentences Act 1992
Endnotes

Effect of order under s 190
s 191 amd 2012 No. 17 s 38
Passport orderss 195 amd 2010 No. 48 s 3 sch
Failure to perform community service in a satisfactory way
s 195A ins 2004 No. 43 s 81
Access to court files by representative of community justice group in offender’scommunitys 195B ins 2007 No. 59 s 139
amd 2014 No. 9 s 36; 2016 No. 38 s 62
Confidentialitys 195C ins 2007 No. 59 s 139
amd 2014 No. 9 s 37; 2016 No. 38 s 63
Protection from liabilitys 195D ins 2007 No. 59 s 139
amd 2014 No. 9 s 38; 2016 No. 38 s 64
Regulation-making powers 196 amd 1995 No. 58 s 4 sch 1; 2010 No. 48 s 3 sch; 2015 No. 17 s 19
Forms
s 197 ins 2004 No. 43 s 82
PART 12—QUEENSLAND SENTENCING ADVISORY COUNCIL
pt hdg prev pt 12 hdg ins 2010 No. 48 s 8
om 2012 No. 19 s 17
pres pt 12 hdg ins 2016 No. 31 s 5
Division 1—Establishment and functions
div hdg prev div 1 hdg ins 2010 No. 48s 8
om 2012 No. 19s 17
pres div 1 hdg ins 2016 No. 31 s 5
Establishments 198 prev s 198 ins 2010 No. 48s 8
om 2012 No. 19s 17
pres s 198 ins 2016 No. 31 s 5
Functions of councils 199 prev s 199 ins 2010 No. 48s 8
om 2012 No. 19s 17
pres s 199 ins 2016 No. 31 s 5Powers of council
s 200 prev s 200 ins 2010 No. 48s 8
om 2012 No. 19s 17
pres s 200 ins 2016 No. 31 s 5
Division 2—Membership
Page 350

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotes

div hdg prev div 2 hdg ins 2010 No. 48s 8
om 2012 No. 19s 17
pres div 2 hdg ins 2016 No. 31 s 5
Appointment of memberss 201 prev s 201 ins 2010 No. 48s 8
om 2012 No. 19s 17
pres s 201 ins 2016 No. 31 s 5
Chairperson and deputy chairpersons 202 prev s 202 ins 2010 No. 48s 8
om 2012 No. 19s 17
pres s 202 ins 2016 No. 31 s 5
Term of appointments 203 prev s 203 ins 2010 No. 48s 8
om 2012 No. 19s 17
pres s 203 ins 2016 No. 31 s 5
Conditions of appointments 203A prev s 203A ins 2010 No. 48s 8
om 2012 No. 19s 17
pres s 203A ins 2016 No. 31 s 5
Vacancy in offices 203B prev s 203B ins 2010 No. 48s 8
om 2012 No. 19s 17
pres s 203B ins 2016 No. 31 s 5
Council decision not invalidated by defect in appointment or vacancys 203C prev s 203C ins 2010 No. 48s 8
om 2012 No. 19s 17
pres s 203C ins 2016 No. 31 s 5
Division 3—Proceedings
div hdg prev div 3 hdg ins 2010 No. 48s 8
om 2012 No. 19s 17
pres div 3 hdg ins 2016 No. 31 s 5Conduct of businesss 203D prev s 203D ins 2010 No. 48s 8
om 2012 No. 19s 17
pres s 203D ins 2016 No. 31 s 5Quorums 203E prev s 203E ins 2010 No. 48s 8
om 2012 No. 19s 17
pres s 203E ins 2016 No. 31 s 5
Presiding at meetingss 203F prev s 203F ins 2010 No. 48s 8
om 2012 No. 19s 17
pres s 203F ins 2016 No. 31 s 5
Current as at 27 October 2017

Page 351

Penalties and Sentences Act 1992
Endnotes

Conduct of meetingss 203G prev s 203G ins 2010 No. 48s 8
om 2012 No. 19s 17
pres s 203G ins 2016 No. 31 s 5
Minutess 203H prev s 203H ins 2010 No. 48s 8
om 2012 No. 19s 17
pres s 203H ins 2016 No. 31 s 5
Division 4—Other matters
div hdg prev div 4 hdg ins 2010 No. 48s 8
om 2012 No. 19s 17
pres div 4 hdg ins 2016 No. 31 s 5
Council may engage persons to help in performing functionss 203I pres s 203I ins 2010 No. 48s 8
om 2012 No. 19s 17
pres s 203I ins 2016 No. 31 s 5Reportss 203J prev s 203J ins 2010 No. 48s 8
om 2012 No. 19s 17
pres s 203J ins 2016 No. 31 s 5
Council may engage persons to help in performing functionss 203K ins 2010 No. 48s 8
om 2012 No. 19s 17
Reportss 203L ins 2010 No. 48s 8
om 2012 No. 19s 17
Savings—warrantss 204A ins 1994 No. 6 s 7
om 1995 No. 58 s 4 sch 1
Penalty Units Act 1985 referencess 205 ins 1995 No. 58 s 4 sch 1
PART 14—TRANSITIONAL PROVISIONS
pt hdg ins 1999 No. 70 s 166 sch 1
Division 1—Transitional provisions before Criminal Law Amendment Act 2012
div hdg ins 2012 No. 19 s 18
Transitional provisions for Penalties and Sentences (Serious Violent Offences)
Amendment Act 1997s 206 ins 1997 No. 4 s 16
Transitional provisions for State Penalties Enforcement Act 1999
s 207 ins 1999 No. 70 s 166 sch 1
Transitional provisions for Criminal Law Amendment Act 2000
Page 352

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotess 208 ins 2000 No. 43 s 57
Transitional provision for Penalties
Amendment Act 2001
s 209 ins 2001 No. 94 s 6

andSentences(Non-contact

Orders)Transitional provisions for Criminal Law Amendment Act 2002
s 210 ins 2002 No. 23 s 65(3) (prev s 171(3)) reloc 2012 No. 19 s 16(4)Transitional provision for the Sexual Offences (Protection of Children) Amendment
Act 2003
s 211 ins 2003 No. 3 s 29
Transitional provisions for the 2004 amendments—approved forms and serious
violent offencess 212 ins 2004 No. 43 s 83
amd 2006 No. 29 s 503
Transitional provision for s 157 (Eligibility for post-prison community based release)s 213 ins 2006 No. 29 s 504
Transitional provision for pt 9, div 3
s 214 ins 2006 No. 29 s 504
Transitional provision for State Penalties Enforcement and Other Legislation
Amendment Act 2007
s 215 ins 2007 No. 3 s 59
Transitional provision for Criminal Code and Other Acts Amendment Act 2008
s 216 ins 2008 No. 55 s 143
Transitional provision for Dangerous Prisoners (Sexual Offenders) and Other
Legislation Amendment Act 2010s 217 ins 2010 No. 34 s 44
amd 2013 No. 31 s 63
Transitional provision for Civil andModernisation Amendment Act 2010s 218 ins 2010 No. 26 s 108

Criminal

Jurisdiction

ReformandTransitional provision for the Justice and Other Legislation Amendment Act 2010s 219 ins 2010 No. 42 s 164
Transitional provision for Liquor and Other Legislation Amendment Act 2010s 220 ins 2010 No. 51 s 56
Division 2—Transitional provisions for Criminal Law Amendment Act 2012
div hdg ins 2012 No. 19 s 19
Transitional provision for s 171
s 221 ins 2012 No. 19 s 19
Dissolution of Sentencing Advisory Councils 222 ins 2012 No. 19s 19
Current as at 27 October 2017

Page 353

Penalties and Sentences Act 1992
Endnotes

om 2016 No. 31 s 6
Division 3—Transitional provision for Criminal Law (Two Strike Child Sex
Offenders) Amendment Act 2012
div 3 (s 223) ins 2012 No. 14 s 9
Division 4—Transitional provisions for Penalties and Sentences and Other
Legislation Amendment Act 2012
div hdg ins 2012 No. 17 s 39
Retrospective application of s 179C in particular circumstancess 224 ins 2012 No. 17 s 39
Amendment of regulation by Penalties and Sentences and Other Legislation
Amendment Act 2012 does not affect powers of Governor in Councils 225 ins 2012 No. 17 s 39
om 2013 No. 39 s 109 sch 2
Division 5—Transitional provision for Criminal Proceeds Confiscation (Unexplained
Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013
div 5 (s 226) ins 2013 No. 21 s 64
Division 6—Transitional provisions for expiry of Drug Court Act 2000
div 6 (ss 227–231) ins 2013 No. 29 s 59ZPTransitional provision for Justice and Other Legislation Amendment Act 2013
div 7 (s 232) ins 2013 No. 35 s 142G
Division 8—Transitional provision for Criminal Law (Criminal Organisations
Disruption) and Other Legislation Amendment Act 2013
div 8 (s 233) ins 2013 No. 64 s 121
Division 9—Transitional provision for Youth Justice and Other Legislation
Amendment Act 2014
div 9 (s 234) ins 2014 No. 9 s 39
Division 10—Transitional provisions for Criminal Law Amendment Act 2014
div 10 (s 235) ins 2014 No. 39 s 68
Division 11—Transitional provisions for Safe Night Out Legislation Amendment Act
2014
div 11 (ss 236–238) ins 2014 No. 42 s 100
Division 12—Transitional provision
Legislation Amendment Act 2016
div hdg ins 2016 No. 4 s 72

forTackling

Alcohol-Fuelled

Violence

Imposition of DAAR conditions 239 ins 2016 No. 4 s 72
Division 13—Transitional provision for Criminal Law (Domestic Violence)
Amendment Act 2016
div hdg (prev div 12 hdg 2nd occurring) ins 2016 No. 16 s 7
renum 2016 No. 62 s 493 sch 1 pt 1
Page 354

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotes

Sentencing submissions
s 240 (prev s 239 2nd occurring) ins 2016 No. 16 s 7
renum 2016 No. 62 s 493 sch 1 pt 1
Division 14—Transitional provision for Youth Justice and Other Legislation
Amendment Act (No. 1) 2016
div hdg (prev div 13 hdg 1st occurring) ins 2016 No. 38 s 65
renum 2016 No. 62 s 493 sch 1 pt 1
Sentencing guideliness 241 (prev s 240 1st occurring) ins 2016 No. 38 s 65
renum 2016 No. 62 s 493 sch 1 pt 1
Division 15—Transitional provision for Health and Other Legislation Amendment
Act 2016
div hdg (prev div 13 hdg 2nd occurring) ins 2016 No. 50 s 40 sch 1
renum 2017 No. 6 s 75 sch 1
Offence of a sexual nature taken to include references to Criminal Code, ss 208 and209
s 242 (prev s 240 2nd occurring) ins 2016 No. 50 s 40 sch 1
renum 2017 No. 6 s 75 sch 1
Division 16—Transitional provisions for Serious and Organised Crime Legislation
Amendment Act 2016
div hdg ins 2016 No. 62 s 282
Subdivision 1—Transitional provisions for repeal of Vicious Lawless Association
Disestablishment Act 2013sdiv hdg ins 2016 No. 62 s 282
Definitions for subdivisions 243 ins 2016 No. 62 s 282
Application of subdivisions 244 ins 2016 No. 62 s 282
Application to Supreme Court to reopen sentencing proceedingss 245 ins 2016 No. 62 s 282
Supreme Court may reopen sentencing proceedingss 246 ins 2016 No. 62 s 282
Appealss 247 ins 2016 No. 62 s 282
No cause of actions 248 ins 2016 No. 62 s 282
Subdivision 2—Other transitional provisions
sdiv hdg ins 2016 No. 62 s 282
Making of control order for offender convicted of committing indictable offence
before commencements 249 ins 2016 No. 62 s 282
Current as at 27 October 2017

Page 355

Penalties and Sentences Act 1992
Endnotes

Application of amended s 187
s 250 ins 2016 No. 62 s 282
Application of s 161Q to particular prescribed offencess 251 ins 2016 No. 62 s 282
Division 17—Transitional provision for Criminal Law Amendment Act 2017
div hdg ins 2017 No. 6 s 69
Warrant for arrest of offender failing to enter into recognisance under order madebefore commencements 252 ins 2017 No. 6 s 69
Division 18—Transitional provision for Victims of Crime Assistance and Other
Legislation Amendment Act 2017
div hdg ins 2017 No. 8 s 13
Victim impact statementss 253 ins 2017 No. 8 s 13
Division 19—Transitional provision for Liquor and Other Legislation Amendment
Act 2017
div hdg ins 2017 No. 5 s 28
Banning orderss 254 ins 2017 No. 5 s 28
SCHEDULE 1—SERIOUS VIOLENT OFFENCES
sch 1 ins 1997 No. 4 s 17
amd 2000 No. 43 s 58; 2000 No. 63 s 276 sch 2; 2002 No. 34 s 74 sch 6; 2004 No.
43 s 84; 2005 No. 70 s 166 sch; 2006 No. 29 s 505; 2007 No. 37 s 132; 2008 No.
55 s 144
num 2010 No. 34 s 33 sch
amd 2013 No. 31 s 65; 2013 No. 35 s 142H; 2014 No. 39 s 69; 2016 No. 50 s 40 sch
1; 2016 No. 62 s 283; 2017 No. 6 s 70
SCHEDULE 1A—SERIOUS CHILD SEX OFFENCES
sch 1A ins 2012 No. 14 s 10
amd 2016 No. 50 s 40 sch 1
SCHEDULE 1B—SERIOUS DRUG OFFENCES
sch 1B ins 2013 No. 21 s 65
SCHEDULE 1C—PRESCRIBED OFFENCES
sch 1C ins 2016 No. 62 s 284
SCHEDULE 2—QUALIFYING OFFENCES
sch 2 ins 2010 No. 34 s 45
amd 2016 No. 50 s 40 sch 1

Page 356

Current as at 27 October 2017

Penalties and Sentences Act 1992
Endnotes

6

Information about retrospectivity

Retrospective amendments that have been consolidated are noted in the list of legislationand list of annotations. From mid-2013 any retrospective amendment that has not been
consolidated is noted on the cover page.
© State of Queensland 2017

Current as at 27 October 2017

Page 357