Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 194I

194I Limitation on number of hours of graffiti removal service when there is unperformed unpaid service

(1) This section applies if—

(a) a court makes 1 or more graffiti removal orders against a child found guilty of 1 or more graffiti offences, whether or not the child is also found guilty of any other offence; and

(b) the child is subject to either of the following—

(i) 1 or more existing community service orders;

(ii) 1 or more existing graffiti removal orders and 1 or more existing community service orders.

(2) Subject to subsection (3) , the number of hours of unperformed unpaid service and the number of hours of graffiti removal service ordered for the graffiti offence, or offences, mentioned in subsection (1) (a) must not, when added together, total more than the maximum number of hours of community service, appropriate to the child, allowed by section 175 (1) (e) for 1 offence.

(3) If the number of hours of unperformed unpaid service equals the maximum number of hours of community service, appropriate to the child, allowed by section 175 (1) (e) for 1 offence, then the graffiti removal service ordered to be served for the graffiti offence, or offences, mentioned in subsection (1) (a) —

(a) must be performed concurrently with any unperformed graffiti removal service to the extent that the number of hours of graffiti removal service ordered to be served for the graffiti offence, or offences, mentioned in subsection (1) (a) is, when added to the number of hours of unperformed graffiti removal service, more than the maximum number of hours of graffiti removal service, appropriate to the child, allowed by section 176A (3) for 1 graffiti offence; or

(b) to the extent that paragraph (a) does not apply—must, when it is performed by the child, be taken to be both—

(i) community service performed under 1 or more of the existing community service orders; and

(ii) graffiti removal service performed under the graffiti removal order made by the court for the offence.

(4) For subsection (3) (b) , the chief executive must—

(a) subject to any order of the court, identify the existing community service order, or orders, in relation to which the graffiti removal service is taken to have been performed; and

(b) notify the child in writing of the matter mentioned in paragraph (a) .