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PENALTIES AND SENTENCES ACT 1992 - SECT 4

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.

authorised corrective services officer see section 4A.

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

board guidelines means guidelines under the Corrective Services Act 2006, section 227.

community based order means any community service 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.

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

council means the Sentencing Advisory Council established under section 198.

court, for part 2A, see section 15AA.

Crown prosecutor, for parts 3A and 3B, 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.

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.

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

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.

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

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

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.

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

indefinite sentence, for part 10, see section 162.

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

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

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

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'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.

operational period, of a term of imprisonment suspended under section 144(1), means the period stated under section 144(5) in relation to the term.

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

penalty includes any fine, compensation, restitution or other amount of money.

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.

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

property includes electricity.

prosecutor, for parts 3A and 3B, 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.

public place, for part 3B, see section 43G.

qualifying offence, for part 10, see section 162.

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

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

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.

sentence means any penalty or imprisonment ordered to be paid or served, or any other order made, by a court after an offender is convicted, whether or not a conviction is recorded.

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

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

SPER means the State Penalties Enforcement Registry established under the State Penalties Enforcement Act 1999.

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.


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