Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 62

62 Effect of fine option order

(1) If a court makes a fine option order—

(a) on an application under section 53 or on appeal under section 85 —it may suspend the original order so far as it requires the payment of a fine; or

(b) on an application under section 55 —the suspension of the original order so far as it requires the payment of a fine is continued.

(2) If a proper officer of the court makes a fine option order under section 60 (1) (a) , the original order to which it relates is suspended so far as it requires the payment of a fine.

(3) If an original order requires the payment of a fine and another penalty, then, for the period for which the order is suspended so far as it requires the payment of the fine, the default period of imprisonment stated in the order is taken to have been reduced by a period that bears to the period stated, as nearly as possible, the same proportion as the amount of the fine bears to the total amount of the fine and other penalty required to be paid by the order.

(4) If—

(a) a warrant of commitment is issued because of an offender’s failure to comply with an original order; and

(b) the warrant has not been executed at the time of the making of a fine option order under section 60 for the original order;

the warrant, so far as it relates to the payment of a fine, stops being in force on the making of the fine option order.