Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 182

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 offender to 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 to appear before the court at the time and place mentioned in the notice for the hearing of the application mentioned in subsection (1) .

(3) The court may issue a warrant directing that the offender be arrested 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

(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 the offender to prison or may remand the offender on bail to be brought before the court that ordered the penalty to be paid.

(5) On the hearing of an application under subsection (1) , if the court is satisfied that the offender failed to pay the penalty, or an 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 have dealt 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 the offender may immediately verbally apply to the court for a fine 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.