QLDIn ForceAct
Corrective Services Act 2006
sec.209Automatic cancellation of order by further imprisonment
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### sec.209 Automatic cancellation of order by further imprisonment
If a prisoner is sentenced to another period of imprisonment for an offence committed, in Queensland or elsewhere, during the period of the prisoner’s parole order, the order is taken to have been automatically cancelled on the date on which the offence occurred.
Subsection (1) applies—
whether or not the prisoner is sentenced to the other period of imprisonment before or after the parole order has expired; and
subject to section 205 .
See sections 211 and 215 for the effect of the cancellation.
However, subsection (1) does not apply if—
the prisoner is required to serve the period of imprisonment mentioned in the subsection in default of—
paying a fine or another amount required to be paid under a court order; or
making restitution required to be made under a court order; or
the period of imprisonment mentioned in the subsection—
is required to be served under an intensive correction order; or
is wholly suspended under the Penalties and Sentences Act 1992 , part 8 ; or
is required to be served until the court rises.
s 209 amd 2007 No. 37 s 41 ; 2009 No. 30 s 29 ; 2013 No. 29 s 59F ; 2020 No. 23 ss 33 , 69 sch 1 pt 1
(sec.209-ssec.1) If a prisoner is sentenced to another period of imprisonment for an offence committed, in Queensland or elsewhere, during the period of the prisoner’s parole order, the order is taken to have been automatically cancelled on the date on which the offence occurred.
(sec.209-ssec.2) Subsection (1) applies— whether or not the prisoner is sentenced to the other period of imprisonment before or after the parole order has expired; and subject to section 205 . See sections 211 and 215 for the effect of the cancellation.
(sec.209-ssec.3) However, subsection (1) does not apply if— the prisoner is required to serve the period of imprisonment mentioned in the subsection in default of— paying a fine or another amount required to be paid under a court order; or making restitution required to be made under a court order; or the period of imprisonment mentioned in the subsection— is required to be served under an intensive correction order; or is wholly suspended under the Penalties and Sentences Act 1992 , part 8 ; or is required to be served until the court rises.
- (a) whether or not the prisoner is sentenced to the other period of imprisonment before or after the parole order has expired; and
- (b) subject to section 205 .
- (a) the prisoner is required to serve the period of imprisonment mentioned in the subsection in default of— (i) paying a fine or another amount required to be paid under a court order; or (ii) making restitution required to be made under a court order; or
- (i) paying a fine or another amount required to be paid under a court order; or
- (ii) making restitution required to be made under a court order; or
- (b) the period of imprisonment mentioned in the subsection— (i) is required to be served under an intensive correction order; or (ii) is wholly suspended under the Penalties and Sentences Act 1992 , part 8 ; or (iii) is required to be served until the court rises.
- (i) is required to be served under an intensive correction order; or
- (ii) is wholly suspended under the Penalties and Sentences Act 1992 , part 8 ; or
- (iii) is required to be served until the court rises.
- (i) paying a fine or another amount required to be paid under a court order; or
- (ii) making restitution required to be made under a court order; or
- (i) is required to be served under an intensive correction order; or
- (ii) is wholly suspended under the Penalties and Sentences Act 1992 , part 8 ; or
- (iii) is required to be served until the court rises.