Queensland Consolidated Acts

STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 120

120 Satisfaction of fine by imprisonment

(1) If a person serves the total period of imprisonment under an arrest and imprisonment warrant, the unpaid amount stated in the warrant is taken to be satisfied.

(2) If, after an arrest and imprisonment warrant is issued, but before the person named in the warrant is imprisoned, the person pays part of the unpaid amount stated in the warrant, the warrant has effect as if the period of imprisonment stated in it were the balance remaining to be paid divided by—

(a) for a court ordered amount—the relevant cut-out rate for the court order, rounded down to the nearest whole number and expressed as a number of days; or

(b) for an infringement notice offence—the cut-out rate for the infringement notice offence, rounded down to the nearest whole number and expressed as a number of days.

Example for subsection (2)(a)—

B is fined $1,000 and ordered to serve 14 days imprisonment if the fine is not paid. Before B is imprisoned, B pays $600 of the fine. The cut-out rate is $71.42 and the period for which B may be imprisoned is reduced to 5 days.

Example for subsection (2)(b)—

J owes SPER a total of $350 for an infringement notice offence and charges for which J may be imprisoned for 6 days. Before J is imprisoned, J pays $110. If the cut-out rate is $60, the period for which J may be imprisoned is 4 days.

(3) If a person who is imprisoned under an arrest and imprisonment warrant wants to pay the balance of the unpaid amount stated in the warrant, the balance is the amount worked out by multiplying the number of days remaining to be served by the relevant cut-out rate.

Example for subsection (3)—

B is imprisoned for failing to pay a fine of $1,000. After serving 5 days imprisonment, B decides to pay the balance of the amount. If the cut-out rate is $60, B must pay $660.

(4) On the satisfaction of the unpaid amount under this section, the person’s imprisonment ends and the person must be released.