Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 58

58 Proper officer must reconsider offender’s financial position

(1) If—

(a) an offender has previously been refused a fine option order; and

(b) the court records show that the refusal was made because of section 57 (1) (a) ; and

(c) the proper officer of the court is satisfied that the offender’s financial position has become significantly worse since the refusal;

the proper officer must consider a fresh application, if made, by the offender for a fine option order.

(2) The application must—

(a) be made to the proper officer of the court that, or the proper officer who, previously refused an application for a fine option order; and

(b) be in the approved form; and

(c) state how the offender’s financial position has become significantly worse; and

(d) be signed by the applicant; and

(e) be lodged—

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

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

(3) The offender may make the application even though a warrant of commitment has been issued or executed in relation to the original order.

(4) The offender can not make more than 1 application under subsection (1) .