Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 192

192 Proper officer’s application on breach

(1) This section applies if a child who is ordered to pay a fine for an offence fails to pay all the fine within the time allowed for payment.

(2) The proper officer may apply to the court to cancel the fine order and make a community service order against the child.

(3) The proper officer must give notice of the application to—

(a) the child; and

(b) a parent of the child, unless a parent can not be found after reasonable inquiry; and

(c) the chief executive.

(4) If the court is satisfied that the child has not paid an amount of the fine within the time allowed, the court may—

(a) take no action; or

(b) extend the time for paying the amount; or

(c) cancel the fine order and resentence the child by making a community service order against the child.

(5) The community service hours under the community service order must be calculated using the following formula—

(6) However, the community service hours calculated using the formula must not be more than that permitted under section 175 (1) (e) or 200 .

(7) If the hours calculated under the formula are less than that permitted by section 200 , the court may not make an order under subsection (4) (c) .

(8) If the hours calculated under the formula are more than that permitted by section 175 (1) (e) or 200 , the court may only make an order for the maximum hours permitted.

(9) The community service order is a community service order under section 175 (1) (e) .

(10) In this section—

"parent" , of a child, includes someone who is apparently a parent of the child.