Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 55

55 Application for order generally

(1) If a court makes an original order for an offender, the offender may apply to the court for a fine option order.

(2) If—

(a) the original order directs that the offender is to pay the fine—

(i) immediately—the application may be made on the day on which the order is made; or

(ii) within a fixed time—the application may be made at any time before the end of the fixed time; or

(b) the offender is given a notice under section 54 —the application may be made at any time before the end of the time fixed in the original order.

(3) The application must—

(a) be in the approved form; and

(b) state the particulars that are relevant having regard to the matters of which the court is required to be satisfied under section 58 (1) ; and

(c) be signed by the applicant; and

(d) be lodged—

(i) if the court is the Supreme Court or a District Court—in the registry of that court; or

(ii) if the court is a Magistrates Court—with the clerk of the court.

(4) On the lodging of the application, the original order is suspended so far as it requires the payment of a fine.

(5) Section 8 does not apply to this section.