Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 110G

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.

(3) If the number of hours of unperformed graffiti removal service is 40, the graffiti removal service ordered to be served for the graffiti offence must be performed concurrently with the unperformed graffiti removal service.

(4) Subsection (5) applies if an offender is—

(a) convicted of a graffiti offence; and

(b) subject to either of the following—

(i) 1 or more existing community service orders;

(ii) 1 or more existing graffiti removal orders and 1 or more existing community service orders.

(5) Subject to subsection (6) , the number of hours of unperformed unpaid service and the number of hours of graffiti removal service ordered to be served for the graffiti offence must not, when added together, total more than 240.

(6) If the number of hours of unperformed unpaid service is 240, the graffiti removal service ordered to be served for the graffiti offence—

(a) must be performed concurrently with any unperformed graffiti removal service to the extent that the number of hours of graffiti removal service ordered to be served for the graffiti offence is, when added to the number of hours of unperformed graffiti removal service, more than 40; or

(b) to the extent that paragraph (a) does not apply—must, when it is performed by the offender, be taken to be both—

(i) community service performed under 1 or more of the existing community service orders; and

(ii) graffiti removal service performed under the graffiti removal order made by the court for the offence.

(7) For subsection (6) (b) , the chief executive (corrective services) must—

(a) subject to any order of the court, identify the existing community service order, or orders, in relation to which the graffiti removal service is taken to have been performed; and

(b) notify the offender in writing of the matter mentioned in paragraph (a) .