Queensland Consolidated Acts

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PENALTIES AND SENTENCES ACT 1992 - SECT 185

Scale of imprisonment for non-payment of penalty

185 Scale of imprisonment for non-payment of penalty

(1) If—
(a) an offender is ordered to pay a penalty; and
(b) the court may order imprisonment of the offender or execution against the property of the offender if the penalty is not paid; and
(c) either of the following subparagraphs applies—
(i) the penalty is not paid;
(ii) execution to recover the amount of the penalty is to be against property of the offender and execution does not satisfy the amount;
the court may order the offender to be imprisoned for a term calculated under subsection (2) (a) .
(2) The term of imprisonment—
(a) must be—
(i) such as, in the court’s opinion, will satisfy the justice of the case; but
(ii) not more than 14 days imprisonment for each penalty unit, or part of a penalty unit, that the offender was ordered to pay; and
(b) must be served cumulatively with any term of imprisonment the offender is serving, or has been sentenced to serve, unless the court otherwise orders.
(3) This section has effect—
(a) subject to the provisions of the Act under which the penalty is ordered to be paid; and
(b) despite section 152 whether or not a conviction is recorded.



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