Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 161K

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 an appeal, no longer either a category B offence or a category 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 proceeding under 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 most serious related offence for which the conviction of the offender has not been quashed.

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 a decision on how the certificate should be amended.