PENALTIES AND SENTENCES ACT 1992

Queensland Consolidated Acts

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PENALTIES AND SENTENCES ACT 1992

- As at 13 December 2024
- Act 48 of 1992

TABLE OF PROVISIONS

Long Title

Preamble

PART 1 - PRELIMINARY

1. Short title
3. Purposes
4. Definitions
4A. Meaning of authorised corrective services officer
5. Meaning of penalty unit
5A. Prescribed value of particular penalty unit
6. Application to children and certain courts
7. Sentences under this Act are sentences for purposes of the Criminal Code, ch 67
8. Construction of references to court that made order
8A. Delegation of powers by proper officer

PART 2 - GOVERNING PRINCIPLES

9. Sentencing guidelines
10. Court’s reasons to be stated and recorded
11. Matters to be considered in determining offender’s character
12. Court to consider whether or not to record conviction
12A. Convictions for offences relating to domestic violence
13. Guilty plea to be taken into account
13A. Cooperation with law enforcement authorities to be taken into account—undertaking to cooperate
13B. Cooperation with law enforcement authorities to be taken into account—cooperation given
14. Preference must be given to compensation for victims
15. Information or submissions for sentence
15A. Audiovisual link or audio link may be used to sentence

PART 2A - GUIDELINE JUDGMENTS

15AA. Definitions for pt 2A
15AB. Powers of court to give or review guideline judgments
15AC. Limitations for guideline judgments
15AD. Guideline judgments on own initiative
15AE. Guideline judgments on application
15AF. Right of appearance in a guideline proceeding
15AG. Powers of Attorney-General or director of public prosecutions
15AH. Relevant considerations before giving or reviewing guideline judgment
15AI. Procedural requirements if court decides to give or review guideline judgment
15AJ. Discretion of court preserved
15AK. Use of evidence in giving or reviewing guideline judgments
15AL. Relationship between guideline judgments and other sentencing matters

PART 3 - RELEASES, RESTITUTION AND COMPENSATION

Division 1 - Orders to release certain offenders

Subdivision 1 - Interpretation

15B. Definitions for div 1
15C. Meaning of eligible drug offender
15D. Meaning of eligible drug offence
15E. Meaning of disqualifying offence
15F. Meaning of approved provider

Subdivision 2 - Orders

16. Court may make order under this division if it does not record conviction
17. Making of order
18. Matters to which court must have regard
19. Order of court
20. Contravention of order
21. Termination of recognisance

Division 2 - Recognisances for property related offences

22. Court may make order under this division if it does not record conviction
23. When court may act under this division
24. Adjournment and release of offender if recognisance entered into
25. Offender may be called on to do certain things
26. Offender may be called on for sentence
27. Offender failing to appear under recognisance or when called
28. Termination of recognisance

Division 3 - Release on entering into recognisance

29. Court may act under this division whether or not it records conviction
30. Recognisance—conviction on indictment
31. Recognisance—summary conviction
32. Recognisance instead of imposing any other sentence
33. Termination of recognisance
33A. Failing to obey condition of recognisance

Division 3AA - Offenders failing to enter into recognisances before leaving court

33AA. Application of division
33AB. Proper officer of court may give offender notice
33AC. Court may issue warrant
33AD. Orders for offender appearing before court
33AE. Orders for particular offender failing to appear before court
33AF. Evidentiary provision

Division 3A - Provisions relating to forfeited recognisances

33B. Order for payment of amount under forfeited recognisance
33C. Variation or revocation of order forfeiting recognisance

Division 4 - Orders for restitution and compensation

34. Court may act under this division whether or not it records conviction
35. Order for restitution or compensation
36. What order may state
37. Limit on imprisonment under s 36(2)
38. Extension of time
39. Directions for enforcing order of imprisonment
39A. Other orders available on failure to comply
40. Failing to appear as directed
41. Instalments—failing to pay
42. Payment of restitution or compensation
43. Division does not limit operation of other provisions

PART 3A - NON-CONTACT ORDERS

43A. Court may make order whether or not it records conviction
43B. Making non-contact order
43C. Requirements of non-contact order
43D. Amending or revoking non-contact order
43E. Order to be given to interested persons
43F. Contravention of non-contact order

PART 3B - BANNING ORDERS

43G. Definitions for pt 3B
43H. Record of conviction not required
43I. What is a banning order
43J. Making a banning order
43K. Banning order to be explained
43L. Amending or revoking banning order
43M. Banning order to be given to interested persons
43N. Commissioner of police service may give copy of banning order to particular persons
43O. Contravention of banning order

PART 4 - FINES

Division 1 - General

44. Court may impose fine whether or not conviction recorded
45. Power to fine
46. Fine limitations of certain courts
47. Lesser fine than provided may be imposed
48. Exercise of power to fine
49. Single fine for 2 or more offences
50. Instalment order
51. Payment of fine

Division 2 - Fine option orders

52. Definitions
53. Application for order if offender before court
54. If offender not before court written notice of right to apply for fine option order to be given
55. Application for order generally
56. (Repealed)
56A. Offender may apply to proper officer for fine option order
57. Matters to be considered on application
58. Proper officer must reconsider offender’s financial position
59. Determination of application
60. Application may be granted or refused
61. Making of order by proper officer of the court
62. Effect of fine option order
63. No liability if warrant executed in good faith and without negligence
64. Order to be in writing
65. Release from custody when order is made
66. Requirements of fine option orders
67. Directions under fine option order
68. Period mentioned in s 66(2) may be extended
69. Maximum number of hours
70. Fine reduced proportionate to imprisonment
71. Community service to be performed cumulatively
72. Performance of community service to be credited against fine
73. Payments and application of payments
74. Failing to comply with a requirement of an order
75. (Repealed)
76. Proper officer to determine hours of community service
77. (Repealed)
78. Effect of revoking order under s 74
79. Revocation of fine option order other than under s 74
80. Offender may be re-sentenced on revocation of order under s 79
81. Application for revocation
82. Imprisonment to be reduced proportionate to amount of fine paid or community service performed
83. Court to notify court that imposed fine option order
84. Certificates
85. Appeals
86. Hearing and determination of appeals
87. (Repealed)
88. Termination of fine option order
89. Original order terminated

PART 5 - INTERMEDIATE ORDERS

Division 1 - Probation orders

90. Court may make probation order whether or not conviction recorded
91. Making of an order
92. Effect of order
93. General requirements of probation order
94. Additional requirements of probation order
95. Probation order to be explained
96. Offender to agree to making or amending of order
97. Multiple offences
98. Application of s 32
99. Termination of probation order

Division 2 - Community service orders

Subdivision 1 - General

100. Court may make order whether or not conviction recorded
101. Making of an order
102. Effect of order
103. General requirements of community service order
104. (Repealed)
105. Community service order to be explained
106. Offender to agree to making or amending of order
107. Multiple offences
108. Termination of community service order

Subdivision 2 - Community service orders mandatory for particular offences

108A. Definitions for sdiv 2
108B. When community service order must be made
108C. Effect if offender is also subject to other orders
108D. Effect if offender is detained on remand or imprisoned

Division 3 - General

109. Court may make probation order and community service order for an offender
110. Appeal against probation order or community service order

PART 5A - GRAFFITI REMOVAL ORDERS

110A. Making of an order
110B. Effect of order
110C. General requirements of graffiti removal order
110D. Graffiti removal order to be explained
110E. Multiple orders for single graffiti offence
110F. Multiple orders for multiple offences
110G. Successive orders
110H. Unpaid service to be performed cumulatively
110I. Termination of graffiti removal order

PART 6 - INTENSIVE CORRECTION ORDERS

111. Court may make order only if it records conviction
112. Making of order
113. Effect of order
114. General requirements of intensive correction order
115. Additional requirements of intensive correction order
116. Intensive correction order to be explained
117. Offender to agree to making or amending of order
118. Multiple offences
119. Termination of intensive correction order

PART 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
121. Offender may be re-sentenced on revocation of order
122. Application for amendment or revocation

Division 2 - Contravention of orders

123. Offence to contravene requirement of community based orders
124. Proceeding for offence may be brought in any Magistrates Court
125. Powers of Magistrates Court that convicts offender of offence against s 123(1)
126. Powers of Supreme Court or District Court to deal with offender
126A. Particular provision for driver licence disqualifications
127. Additional power of courts in relation to an intensive correction order
128. Summons or warrant for contravention of single community based order
129. Summons or warrant for contravention of multiple orders made by courts of different jurisdictions
130. Discharge of multiple community based orders where contravention taken into account
131. Contravention of requirements of order—judge to determine
132. Proceedings after end of period of order

Division 3 - General

133. Authorised corrective services officers subject to direction of court
134. Requirements of order have effect despite appeal
135. Directions under community based order
136. Notifications following making of order
137. Facilitation of proof
138. Application of Justices Act
139. Court may order summons or warrant for offender’s appearance
140. Power of Magistrates Court under s 128(2), 129(2) or 139(2)
141. Community service under intensive correction order cumulative with any other community service
142. Offence against this part—complainant

PART 8 - ORDERS OF SUSPENDED IMPRISONMENT

143. Court not to act without recording a conviction
144. Sentence of imprisonment may be suspended
145. Effect of suspended imprisonment
146. Consequences of committing offence during operational period
146A. Summons or warrant for offender whose sentence of imprisonment has been suspended
147. Power of court mentioned in s 146
148. Imprisonment to be served immediately
149. Reasons not stated—order still valid
150. Bail Act applies if offender not dealt with immediately
151. (Repealed)
151A. Parole for suspended sentences

PART 8A - DRUG AND ALCOHOL TREATMENT ORDERS

Division 1 - Preliminary

151B. Definitions for part
151C. Purpose of part and treatment orders

Division 2 - When treatment orders may be made

151D. Court may make treatment order only if it records conviction
151E. When treatment order may be made
151F. When treatment order can not be made
151G. Particular matters for offences involving violence against another person
151H. Multiple offences

Division 3 - Making treatment orders

Subdivision 1 - Preliminary steps

151I. Explaining treatment order
151J. Offender to agree to making of order
151K. Adjournment for obtaining suitability assessment report
151L. Requirements for suitability assessment report

Subdivision 2 - Content of treatment orders

151M. Content

Subdivision 3 - Custodial part

151N. Custodial part of treatment order
151O. Orders if offender commits offence for which imprisonment may be imposed
151P. Considerations for taking action under s 151O

Subdivision 4 - Rehabilitation part

151Q. Rehabilitation part of treatment order
151R. Core conditions
151S. Treatment program

Division 4 - Administering treatment orders

151T. Review team obligations and requirement for court to consult
151U. Court may cancel rehabilitation part of treatment order on early completion of treatment program
151V. Court may amend rehabilitation part of treatment order
151W. Failure to comply with rehabilitation part of treatment order

Division 5 - Ending treatment orders

151X. Court may revoke treatment order
151Y. Requirements for revocation
151Z. Termination of treatment orders

Division 6 - Miscellaneous

151ZA. Immunity from prosecution
151ZB. Arrest warrants
151ZC. Court may remand offender in custody
151ZD. No appeal against particular decisions

PART 9 - IMPRISONMENT

Division 1 - Liability

152. Court must record conviction
152A. Proper officer to give chief executive (corrective services) record of order of imprisonment
153. Imprisonment—liability to
153A. Term of imprisonment if none prescribed

Division 2 - Calculation

154. Calculation of term of imprisonment
155. Imprisonment to be served concurrently unless otherwise ordered
156. Cumulative orders of imprisonment
156A. Cumulative order of imprisonment must be made in particular circumstances
157. (Repealed)
158. (Repealed)
158A. Term of imprisonment does not run if offender on bail awaiting appeal
159. Term of imprisonment does not run while prisoner at large
159A. Time held in presentence custody to be deducted

Division 3 - Parole

160. Definitions for div 3
160A. Application of ss 160B–160D
160AA. Reduction of minimum period of imprisonment for particular offenders
160B. Sentence of 3 years or less and not a serious violent offence or sexual offence
160C. Sentence of more than 3 years and not a serious violent offence or sexual offence
160D. Sentence for a serious violent offence or sexual offence
160E. Automatic cancellation of parole release or eligibility dates
160F. Significance of an offender’s period of imprisonment
160G. Court may fix any day of sentence as parole release date
160H. Series of sentences involving terms of imprisonment

PART 9A - CONVICTIONS OF SERIOUS VIOLENT OFFENCES

161A. When an offender is convicted of a serious violent offence
161B. Declaration of conviction of serious violent offence
161C. Calculation of number of years of imprisonment

PART 9B - REPEAT SERIOUS CHILD SEX OFFENCES

161D. Meaning of serious child sex offence
161E. Mandatory sentence for repeat serious child sex offence

PART 9C - SERIOUS DRUG OFFENCES

Division 1 - Interpretation

161F. Meaning of category A offence, category B offence and category C offence

Division 2 - Issue of serious drug offence certificates

161G. Issue of serious drug offence certificate
161H. Content of serious drug offence certificate
161I. Amendment of certificate by court to include related offence for which offender is sentenced later
161J. Amendment of certificate by proper officer to correct minor error
161K. Amendment by proper officer, or cancellation, of certificate on quashing of conviction or appeal
161L. Effect of amendment of certificate on date of issue
161M. Process for issuing or amending certificate

PART 9D - SERIOUS AND ORGANISED CRIME

Division 1 - Preliminary

161N. Definitions for part
161O. Meaning of criminal organisation
161P. Meaning of participant
161Q. Meaning of serious organised crime circumstance of aggravation

Division 2 - Term of imprisonment for particular offenders

161R. Court must impose term of imprisonment
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 or other order made
161U. Conditions
161V. When court must make order
161W. When court may make order—offender who was participant in criminal organisation
161X. When court may make order—offender convicted of habitual consorting
161Y. When court may make order—offender convicted of contravening order
161Z. Control order to be explained
161ZA. Offender subject to existing control order
161ZB. Duration
161ZC. Effect if offender is detained on remand or imprisoned

Subdivision 2 - Amendment and revocation of orders

161ZD. Application for amendment or revocation
161ZE. Court may amend order or remit application
161ZF. Court may revoke order
161ZG. Order amending or revoking control order to be given to interested persons

Subdivision 3 - Restrictions on use of particular information

161ZH. Restrictions

Subdivision 4 - Enforcement

161ZI. Contravention of order
161ZJ. Initial power to search and seize particular things
161ZK. Things seized within the first 24 hours
161ZL. Police powers for preventing contravention of control order
161ZM. Authorised corrective services officer may give direction
161ZN. Proceeding after order no longer in force
161ZO. Charge must be heard and decided summarily on prosecution election
161ZP. Constitution of Magistrates Court
161ZQ. When Magistrates Court must abstain from jurisdiction
161ZR. Charge may be heard and decided where defendant arrested or served
161ZS. Time for prosecution
161ZT. Maximum penalty for offence dealt with summarily
161ZU. Appeals against decision to decide charge summarily

Subdivision 5 - Corresponding control orders

161ZV. Definitions for subdivision
161ZW. Regulation may prescribe orders
161ZX. Application for registration of order
161ZY. Registration of order
161ZZ. Referral of order to court for adaptation or modification
161ZZA. Action by the registrar and commissioner after registration of order
161ZZB. Effect of amended order if respondent not notified of amendment
161ZZC. Amendment or cancellation of registered order
161ZZD. Operation of order not affected

Subdivision 6 - Miscellaneous

161ZZE. Order not affected by appeal

PART 10 - INDEFINITE SENTENCES

162. Definitions
163. Indefinite sentence—imposition
164. Counsel for prosecution to inform court
165. Attorney-General’s consent
166. Adjournment
166A. Reports about offender
166B. Distribution of reports
166C. Use of reports
167. Evidence
168. Court to give reasons
169. Onus of proof
170. Standard of proof
171. Review—periodic
172. Review—application by offender imprisoned
172A. Distribution of reports
172B. Disputed report
172C. Review hearing
172D. Court not to have regard to possible order under Dangerous Prisoners (Sexual Offenders) Act 2003
173. Indefinite sentence discharged
174. Parole application if finite sentence imposed
174A. When parole order must be made
174B. Provisions for parole orders under part
174C. Parole provisions on cancellation of parole order
175. (Repealed)
176. Registrar of court to give report
177. Appeals—general
178. Appeals—Attorney-General
179. Hearings—offender to be present

PART 10A - OFFENDER LEVY

179A. Purpose of pt 10A
179B. Definition for part
179C. Imposition of offender levy
179D. Subsequent sentences
179E. Payment of offender levy
179F. Enforcement of offender levy by registration
179G. Amounts to be satisfied before satisfying offender levy
179H. Effect of appeal against relevant convictions

PART 10B - VICTIM IMPACT STATEMENTS

179I. Definitions for part
179J. Application of part
179K. Giving details of impact of crime on victim during sentencing
179L. Preparation of victim impact statement
179M. Reading aloud of victim impact statement during sentencing
179N. Special arrangements for reading aloud of victim impact statement during sentencing

PART 11 - GENERAL

180. Effect of alterations in sentences
180A. Meaning of certain sentence provisions
181. Corporations entitled to aggrieved party payments
181A. Corporations to be fined if imprisonment is the only penalty
181B. Corporation fines under penalty provision
181C. Corporation fines under provision authorising subordinate legislation
182. Enforcement of order for penalty for an offender dealt with on indictment
182A. Court may make order for default payment of penalty
182B. (Repealed)
183. Imprisonment unless penalty paid
184. Imprisonment unless act done
185. Scale of imprisonment for non-payment of penalty
185A. If offender does not pay penalty under s 182A or 185
185B. Power of proper officer to postpone warrant
185C. Power of proper officer to recall warrant and issue new warrant on part payment of penalty
186. Reduction of imprisonment
187. Disqualification from holding Queensland driver licence
188. Court may reopen sentencing proceedings
189. Outstanding offences may be taken into account in imposing sentence
190. Magistrates Court may release offender
191. Effect of order under s 190
192. Magistrates Court to assess value of property
193. Payment of value or amount assessed under s 192
194. Restoration of property
195. Passport orders
195A. Failure to perform community service in a satisfactory way
195B. Access to court files by representative of community justice group in offender’s community
195C. Confidentiality
195D. Protection from liability
195E. Court may require copies of report to be given to corrective services department
196. Regulation-making power
197. Forms

PART 12 - QUEENSLAND SENTENCING ADVISORY COUNCIL

Division 1 - Establishment and functions

198. Establishment
199. Functions of council
200. Powers of council

Division 2 - Membership

201. Appointment of members
202. Chairperson and deputy chairperson
203. Term of appointment
203A. Conditions of appointment
203B. Vacancy in office
203C. Council decision not invalidated by defect in appointment or vacancy

Division 3 - Proceedings

203D. Conduct of business
203E. Quorum
203F. Presiding at meetings
203G. Conduct of meetings
203H. Minutes

Division 4 - Other matters

203I. Council may engage persons to help in performing functions
203J. Reports
203K. (Repealed)
203L. (Repealed)

PART 13 - MISCELLANEOUS

204. General transitional provisions
204A. (Repealed)
205. Penalty Units Act 1985 references

PART 14 - TRANSITIONAL PROVISIONS

Division 1 - Transitional provisions before Criminal Law Amendment Act 2012

206. Transitional provisions for Penalties and Sentences (Serious Violent Offences) Amendment Act 1997
207. Transitional provisions for State Penalties Enforcement Act 1999
208. Transitional provisions for Criminal Law Amendment Act 2000
209. Transitional provision for Penalties and Sentences (Non-contact Orders) Amendment Act 2001
210. Transitional provisions for Criminal Law Amendment Act 2002
211. Transitional provision for the Sexual Offences (Protection of Children) Amendment Act 2003
212. Transitional provisions for the 2004 amendments—approved forms and serious violent offences
213. Transitional provision for s 157 (Eligibility for post-prison community based release)
214. Transitional provision for pt 9, div 3
215. Transitional provision for State Penalties Enforcement and Other Legislation Amendment Act 2007
216. Transitional provision for Criminal Code and Other Acts Amendment Act 2008
217. Transitional provision for Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010
218. Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010
219. Transitional provision for the Justice and Other Legislation Amendment Act 2010
220. Transitional provision for Liquor and Other Legislation Amendment Act 2010

Division 2 - Transitional provisions for Criminal Law Amendment Act 2012

221. Transitional provision for s 171
222. (Repealed)

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

224. Retrospective application of s 179C in particular circumstances
225. (Repealed)

Division 5 - Transitional provision for Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013

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
228. Application of div 6
229. Continuation of warrants
230. Dealing with offences after enforcement of warrant
231. Sentencing an offender after enforcement of warrant

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

234. Sentencing guidelines

Division 10 - Transitional provisions for Criminal Law Amendment Act 2014

235. Application of s 13B

Division 11 - Transitional provisions for Safe Night Out Legislation Amendment Act 2014

236. Sentencing guidelines
237. Banning orders
238. Community service orders required under s 108B

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

240. Sentencing submissions

Division 14 - Transitional provision for Youth Justice and Other Legislation Amendment Act (No. 1) 2016

241. Sentencing guidelines

Division 15 - Transitional provision for Health and Other Legislation Amendment Act 2016

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

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
244. Application of subdivision
245. Application to Supreme Court to reopen sentencing proceedings
246. Supreme Court may reopen sentencing proceedings
247. Appeals
248. No cause of action

Subdivision 2 - Other transitional provisions

249. Making of control order for offender convicted of committing indictable offence before commencement
250. Application of amended s 187
251. Application of s 161Q to particular prescribed offences

Division 17 - Transitional provision for Criminal Law Amendment Act 2017

252. Warrant for arrest of offender failing to enter into recognisance under order made before commencement

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

254. Banning orders

Division 20 - Transitional provision for Justice Legislation (Links to Terrorist Activity) Amendment Act 2019

255. Application of s 160B to sentencing offenders after commencement

Division 21 - Transitional provisions for Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020

256. Sentencing guidelines
257. Application of s 195E

Division 22 - Transitional provision for Justice and Other Legislation Amendment Act 2020

258. Application of ss 9 and 159A to sentencing offenders after commencement

Division 23 - Transitional provisions for Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024

259. Sentencing guidelines

Division 24 - Transitional provision for Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024

261. Particular offences continue as prescribed offences

Division 25 - Transitional provision for Respect at Work and Other Matters Amendment Act 2024

262. Application of s 9 to sentencing offenders after commencement
SCHEDULE 1
SCHEDULE 1A
SCHEDULE 1B
SCHEDULE 1C
SCHEDULE 2

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