• Specific Year
    Any

PENALTIES AND SENTENCES ACT 1992 - SECT 4 Definitions

PENALTIES AND SENTENCES ACT 1992 - SECT 4

Definitions

4 Definitions

In this Act—


"approved form" means a form approved by the chief executive for the relevant purpose.


"approved provider" , for part 3 , division 1 , see section 15F .


"attend" , for part 3 , division 1 , see section 15B .


"Attorney-General" , for part 2A , see section 15AA .


"authorised corrective services officer" see section 4A .


"authorised officer" , for part 9C , means the director of public prosecutions, a deputy director of public prosecutions, or a lawyer appointed to assist the director of public prosecutions in the performance of the functions of the director of public prosecutions under part 9C .


"banning order" , for part 3B , see section 43I .


"benefit" , for part 9D , see section 161N .


"board guidelines" means guidelines under the Corrective Services Act 2006 , section 242E .


"category A offence" see section 161F .


"category B offence" see section 161F .


"category C offence" see section 161F .


"chief executive officer of Legal Aid Queensland" , for part 2A , see section 15AA .


"commission" ...


"commissioner" , for part 9D , see section 161N .


"community based order" means any community service order, graffiti removal order, intensive correction order or probation order.


"community justice group" , for an offender, means—

(a) a community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , part 4 , division 1 , for the offender’s community; or
(b) a group of persons within the offender’s community, other than a department of government, that is involved in the provision of any of the following—
(i) information to a court about Aboriginal or Torres Strait Islander offenders;
(ii) diversionary, interventionist or rehabilitation activities relating to Aboriginal or Torres Strait Islander offenders;
(iii) other activities relating to local justice issues; or
(c) a group of persons made up of elders or other respected persons of the offender’s community.

"community service" has the same meaning as in the Corrective Services Act 2006 .


"community service order" means a community service order in force under part 5 , division 2 .


"control order" , for part 9D , see section 161N .


"conviction" means a finding of guilt, or the acceptance of a plea of guilty, by a court.


"core conditions" , of the rehabilitation part of a treatment order, see section 151R (1) .


"corrective services facility" see the Corrective Services Act 2006 , schedule 4 .


"corresponding control order" , for part 9D , see section 161N .


"council" means the Queensland Sentencing Advisory Council established under section 198 .


"court"
(a) for part 2A —see section 15AA ; or
(b) for part 8A —see section 151B ; or
(c) for part 9D , division 3 , subdivision 5 —see section 161ZV .

"criminal organisation" see section 161O .


"Crown prosecutor" includes—
(a) the Attorney-General; and
(b) the director of public prosecutions; and
(c) another person, other than a police officer, appearing for the State.

"current parole eligibility date" , for part 9 , division 3 , see section 160 .


"current parole release date" , for part 9 , division 3 , see section 160 .


"custodial part" , of a treatment order, see section 151N (2) .


"DAAR condition" , for part 3 , division 1 , see section 19 (2B) .


"dangerous prisoners application" means an application under the Dangerous Prisoners (Sexual Offenders) Act 2003 for a continuing detention order, interim detention order, supervision order or interim supervision order.


"director of public prosecutions" , for part 2A , see section 15AA .


"disqualifying offence" , for part 3 , division 1 , see section 15E .


"domestic violence offence" see the Criminal Code , section 1 .


"drug and alcohol treatment order" , for part 8A , see section 151B .


"drug assessment and education session" , for part 3 , division 1 , see section 15B .


"drug diversion condition" , for part 3 , division 1 , see section 19 (2A) .


"drug diversion court" , for part 3 , division 1 , see section 15B .


"drug trafficking offence" ...


"eligible drug offence" , for part 3 , division 1 , see section 15D .


"eligible drug offender" , for part 3 , division 1 , see section 15C .


"eligible offence" , for part 8A , see section 151B .


"fine" , for part 4 , division 2 , see section 52 .


"fine option order" means a fine option order made under part 4 , division 2 .


"finite sentence" , for part 10 , see section 173 (1) (b) .


"finite term" , for a provision about a finite sentence, means the term of the sentence.


"graffiti offence" means—
(a) an offence against the Criminal Code , section 469 that is punishable under section 469 , clause 9; or
(b) an offence against the Summary Offences Act 2005 , section 17 (1) .

"graffiti removal order" means a graffiti removal order in force under part 5A .


"graffiti removal service" means—
(a) the removal of graffiti; or
(b) work related or incidental to the work mentioned in paragraph (a) ; or
(c) other work related to or incidental to the clean up of public places whether or not it relates to the removal of graffiti.

"guideline judgment" means a judgment that—
(a) is declared to be a guideline judgment by the Court of Appeal; and
(b) contains guidelines to be taken into account by courts in sentencing offenders, being guidelines applying—
(i) generally; or
(ii) to a particular court or class of court; or
(iii) to a particular offence, or class of offence, including under a Commonwealth Act; or
(iv) to a particular penalty or class of penalty; or
(v) to a particular class of offender.

"guideline judgment for an offence under a Commonwealth Act" , for part 2A , see section 15AA .


"guideline proceeding" , for part 2A , see section 15AA .


"harm" , for part 10B , see section 179I .


"honorary member" , of an organisation, for part 9D , see section 161N .


"impose" , a term of imprisonment on an offender for an offence, for part 9 , division 3 , see section 160 .


"indefinite sentence" , for part 10 , see section 162 .


"intensive correction order" means an intensive correction order in force under part 6 .


"licence" , for part 3B , see section 43G .


"licensed premises" , for part 3B , see section 43G .


"licensee" , for part 3B , see section 43G .


"major criminal offence" see section 161S (5) .


"most serious related offence" see section 161G .


"nominal sentence" , for part 10 , see section 162 .


"non-contact order" means a non-contact order in force under part 3A .


"offender" means a person who is convicted of an offence, whether or not a conviction is recorded.


"offender levy" see section 179C .


"offender’s community" means the offender’s Aboriginal or Torres Strait Islander community, whether it is—
(a) an urban community; or
(b) a rural community; or
(c) a community on DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 .

"office holder" , of an organisation, for part 9D , see section 161N .


"operational period"
(a) for a term of imprisonment suspended under section 144 (1) —means the period stated under section 144 (5) in relation to the term; or
(b) for the custodial part of a treatment order under part 8A —see section 151B .

"original order"
(a) for part 3 , division 3AA —see section 33AA (a) ; or
(b) for part 4 , division 2 —see section 52 .

"parole" means parole under a parole order granted under the Corrective Services Act 2006 .


"parole eligibility date" , for an offender, for part 9 , division 3 , see section 160 .


"parole release date" , for an offender, for part 9 , division 3 , see section 160 .


"participant" , in a criminal organisation, see section 161P .


"penalty" includes any fine, compensation, restitution or other amount of money but does not include an offender levy.


"period of imprisonment" means the unbroken duration of imprisonment that an offender is to serve for 2 or more terms of imprisonment, whether—
(a) ordered to be served concurrently or cumulatively; or
(b) imposed at the same time or different times;
and includes a term of imprisonment.


"police banning notice" , for part 3B , see section 43G .


"post-prison community based release" ...


"prescribed offence"
(a) for part 5 , division 2 , subdivision 2 —see section 108A ; or
(b) for part 9D —see section 161N .

"prison" means a prison within the meaning of the Corrective Services Act 2006 .


"probation order" means a probation order in force under part 5 , division 1 .


"proper officer" means—
(a) for an order made or certificate issued by the Supreme Court—the sheriff; or
(b) for an order made or certificate issued by the District Court—any registrar; or
(c) for an order made or certificate issued by a Magistrates Court—any clerk of the court.

"proper officer of the court" , for an offender levy, for part 10A , see section 179B .


"property" includes electricity.


"prosecutor" , for section 12A and parts 3A , 3B and 9D , means—
(a) in the context of a proceeding before, or an application to, a Magistrates Court—a police officer or Crown prosecutor; or
(b) otherwise—a Crown prosecutor.

"prospective member" , of an organisation, for part 9D , see section 161N .


"public place"
(a) for part 3B , see section 43G ; or
(b) for part 5 , division 2 , subdivision 2 , see section 108A .

"qualifying offence" , for part 10 , see section 162 .


"Queensland board" means the Parole Board Queensland established under the Corrective Services Act 2006 .


"Queensland driver licence" see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .


"registered corresponding control order" , for part 9D , see section 161N .


"registrar" , for part 9D , division 3 , subdivision 5 , see section 161ZV .


"rehabilitation part" , of a treatment order, see section 151Q (2) .


"re-integration program" means a program under the Corrective Services Act 2006 that is designed to assist an offender to re-integrate into the community, and includes parole.


"related offences" see section 161G .


"remove" , in relation to graffiti, includes the following—
(a) repair;
(b) conceal;
(c) cover;
(d) attempt to remove.
Example—
painting over graffiti

"respondent" , for part 9D , division 3 , subdivision 5 , see section 161ZY (1) (b) .


"review" , a guideline judgment, for part 2A , see section 15AA .


"review team" , for part 8A , see section 151B .


"senior police officer" , for part 9D , see section 161N .


"sentence"
(a) means a penalty or imprisonment ordered to be paid or served, or another order made, by a court after an offender is convicted, whether or not a conviction is recorded; and
(b) for part 10A —includes an order made by a court to deal with the offender for an offence instead of passing sentence.

"serious child sex offence" see section 161D .


"serious criminal activity" , for part 9D , see section 161N .


"serious drug offence" means a category A offence, category B offence or category C offence.


"serious drug offence certificate" see section 161G .


"serious harm" means any detrimental effect of a serious nature on a person’s emotional, physical or psychological wellbeing, whether temporary or permanent.


"serious organised crime circumstance of aggravation" see section 161Q .


"serious violent offence" means a serious violent offence of which an offender is convicted under section 161A .


"severe substance use disorder" , for part 8A , see section 151B .


"sexual offence" , for part 9 , division 3 , see section 160 .


"SPE Act" means the State Penalties Enforcement Act 1999 .


"SPER" means the State Penalties Enforcement Registry established under the SPE Act .


"suitability assessment report" , for part 8A , see section 151B .


"term of imprisonment" means the duration of imprisonment imposed for a single offence and includes—
(a) the imprisonment an offender is serving, or is liable to serve—
(i) for default in payment of a single fine; or
(ii) for failing to comply with a single order of a court; and
(b) for an offender on whom a finite sentence has been imposed, any extension under section 174B (6) of the offender’s finite term.

"treatment order" , for part 8A , see section 151B .


"treatment order agency" , for part 8A , see section 151B .


"treatment program" , for part 8A , see section 151B .


"unpaid service" means—
(a) community service required to be performed under a community service order; or
(b) graffiti removal service required to be performed under a graffiti removal order.

"unperformed graffiti removal service" , for an offender, means graffiti removal service that the offender—
(a) is required to perform under a graffiti removal order; and
(b) has not performed.

"unperformed unpaid service" , for an offender, means unpaid service that the offender—
(a) is required to perform under a community service order or a graffiti removal order; and
(b) has not performed.

"victim" , for part 10B , see section 179I .


"victim impact statement" , for part 10B , see section 179I .