Queensland Consolidated Acts

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PENALTIES AND SENTENCES ACT 1992 - SECT 60

Application may be granted or refused

60 Application may be granted or refused

(1) If an application is granted, the court or proper officer of the court must—
(a) make a fine option order for the offender; and
(b) explain to the offender, in language or a way likely to be readily understood by the offender—
(i) the purpose and effect of the order; and
(ii) what may follow if the offender fails to comply with the order; and
(iii) the offender’s right under section 73 to pay the fine, or any part of the fine, to which the fine option order relates and how that section requires the payment to be applied.
(2) If a court refuses an application under section 55
(a) any suspension of the original order to which the application relates ceases to have effect; and
(b) the court must cause written notice to be given to the applicant—
(i) of the refusal and whether the refusal was made because of section 57 (1) (a) or (b) ; and
(ii) that any suspension of the original order has ceased to have effect.
(3) If a proper officer of the court refuses an application under section 58 , the proper officer must—
(a) give written notice to the applicant of the refusal and the reasons for the refusal; and
(b) give written notice to the court that made the original order that the application was made and refused.
(4) If a court or the proper officer of the court refuses an application, there must be noted in the records of the court whether the refusal was made because of section 57 (1) (a) or (b) .



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