Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 160A

160A Application of ss 160B–160D

(1) Sections 160B to 160D apply if a court is imposing a term of imprisonment on an offender for an offence.

(2) Sections 160B to 160D are the only law under which a court may, on sentence of an offender for an offence, make an order relating to a person’s release on parole.

Note—

Sections 160E to 160H further provide for the orders that may be made under sections 160B to 160D .

(3) A court can not, on sentence of an offender for an offence, make a recommendation for a person’s release on parole.

(4) This section applies subject to any express provision to the contrary, in an Act, about a particular sentence.

Examples—

• Criminal Code , sections 305 (2) and (4) and 314A (5) and (6)

• a provision providing that a minimum term of imprisonment be served

(5) Also—

(a) a court can not fix a date under sections 160B to 160D that reduces the minimum period of imprisonment an offender must serve under the Corrective Services Act 2006 , section 181 (2) , (2A) or (2B) , 181A , 182 (2) or (2A) , 182A (3) or (3A) , 183 (2) or (2B) or 185B (each a
"relevant provision" ); and

(b) no date fixed by the court under sections 160B to 160D can reduce the minimum period of imprisonment an offender must serve under a relevant provision.

(6) Sections 160B to 160D do not apply if a court sentences an offender to a term of imprisonment and makes any of the following orders under this Act for the offender—

(a) an intensive correction order;

(b) a probation order mentioned in section 92 (1) (b) ;

(c) an order that the whole or a part of the term of imprisonment be suspended.