Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 4

4 Definitions

In this Act—

"approved form" means a form approved by the chief executive for the relevant purpose.

"approved provider" , for part 3 , division 1 , see section 15F .

"attend" , for part 3 , division 1 , see section 15B .

"Attorney-General" , for part 2A , see section 15AA .

"authorised corrective services officer" see section 4A .

"authorised officer" , for part 9C , means the director of public prosecutions, a deputy director of public prosecutions, or a lawyer appointed to assist the director of public prosecutions in the performance of the functions of the director of public prosecutions under part 9C .

"banning order" , for part 3B , see section 43I .

"benefit" , for part 9D , see section 161N .

"board guidelines" means guidelines under the Corrective Services Act 2006 , section 242E .

"category A offence" see section 161F .

"category B offence" see section 161F .

"category C offence" see section 161F .

"chief executive officer of Legal Aid Queensland" , for part 2A , see section 15AA .

"commission" ...

"commissioner" , for part 9D , see section 161N .

"community based order" means any community service order, graffiti removal order, intensive correction order or probation order.

"community justice group" , for an offender, means—

(a) a community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , part 4 , division 1 , for the offender’s community; or

(b) a group of persons within the offender’s community, other than a department of government, that is involved in the provision of any of the following—

(i) information to a court about Aboriginal or Torres Strait Islander offenders;

(ii) diversionary, interventionist or rehabilitation activities relating to Aboriginal or Torres Strait Islander offenders;

(iii) other activities relating to local justice issues; or

(c) a group of persons made up of elders or other respected persons of the offender’s community.

(a) for part 2A —see section 15AA ; or

(b) for part 8A —see section 151B ; or

(c) for part 9D , division 3 , subdivision 5 —see section 161ZV .

(a) the Attorney-General; and

(b) the director of public prosecutions; and

(c) another person, other than a police officer, appearing for the State.

(a) an offence against the Criminal Code , section 469 that is punishable under section 469 , clause 9; or

(b) an offence against the Summary Offences Act 2005 , section 17 (1) .

(a) the removal of graffiti; or

(b) work related or incidental to the work mentioned in paragraph (a) ; or

(c) other work related to or incidental to the clean up of public places whether or not it relates to the removal of graffiti.

(a) is declared to be a guideline judgment by the Court of Appeal; and

(b) contains guidelines to be taken into account by courts in sentencing offenders, being guidelines applying—

(i) generally; or

(ii) to a particular court or class of court; or

(iii) to a particular offence, or class of offence, including under a Commonwealth Act; or

(iv) to a particular penalty or class of penalty; or

(v) to a particular class of offender.

(a) an urban community; or

(b) a rural community; or

(c) a community on DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 .

(a) for a term of imprisonment suspended under section 144 (1) —means the period stated under section 144 (5) in relation to the term; or

(b) for the custodial part of a treatment order under part 8A —see section 151B .

(a) for part 3 , division 3AA —see section 33AA (a) ; or

(b) for part 4 , division 2 —see section 52 .

(a) ordered to be served concurrently or cumulatively; or

(b) imposed at the same time or different times;

(a) for part 5 , division 2 , subdivision 2 —see section 108A ; or

(b) for part 9D —see section 161N .

(a) for an order made or certificate issued by the Supreme Court—the sheriff; or

(b) for an order made or certificate issued by the District Court—any registrar; or

(c) for an order made or certificate issued by a Magistrates Court—any clerk of the court.

(a) in the context of a proceeding before, or an application to, a Magistrates Court—a police officer or Crown prosecutor; or

(b) otherwise—a Crown prosecutor.

(a) for part 3B , see section 43G ; or

(b) for part 5 , division 2 , subdivision 2 , see section 108A .

(a) repair;

(b) conceal;

(c) cover;

(d) attempt to remove.

Example—

painting over graffiti

(a) means a penalty or imprisonment ordered to be paid or served, or another order made, by a court after an offender is convicted, whether or not a conviction is recorded; and

(b) for part 10A —includes an order made by a court to deal with the offender for an offence instead of passing sentence.

(a) the imprisonment an offender is serving, or is liable to serve—

(i) for default in payment of a single fine; or

(ii) for failing to comply with a single order of a court; and

(b) for an offender on whom a finite sentence has been imposed, any extension under section 174B (6) of the offender’s finite term.

(a) community service required to be performed under a community service order; or

(b) graffiti removal service required to be performed under a graffiti removal order.

(a) is required to perform under a graffiti removal order; and

(b) has not performed.

(a) is required to perform under a community service order or a graffiti removal order; and

(b) has not performed.