Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 161G

161G Issue of serious drug offence certificate

(1) When a court is imposing a sentence on an offender who is convicted of a serious drug offence, the court must issue a 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 in relation to forfeiture of property, see the Criminal Proceeds Confiscation Act 2002 , chapter 2A .

2 Section 161M provides for the process to be followed by the proper 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 that the offences arise out of a single course of conduct.

Example for subsection (2)—

An offender is convicted of producing a dangerous drug, possessing a dangerous drug and possessing things used in connection with the production of a dangerous drug and the 3 offences arise from the production 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 the highest; or

(b) if more than 1 related offence belongs to the same category mentioned in schedule 1B —the offence that was 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 the date the person started committing the offence.

(6) The court must hear any submission made by the offender or an authorised officer about the issue of the serious drug offence certificate.

(7) If the court has made a finding of fact that the offender committed 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 the certificate 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 a serious drug offence and the court is satisfied that the offence is a related 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.