QLDIn ForceAct
Penalties and Sentences Act 1992
sec.151FWhen treatment order can not be made
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### sec.151F When treatment order can not be made
Despite section 151E , a court can not make a treatment order for an offender if—
the offender is serving a term of imprisonment in a corrective services facility; or
the offender is subject to a parole order; or
the offender is serving, or is required to serve, the unexpired portion of a period of imprisonment for another offence in Queensland or elsewhere because—
a parole order for the offender has been cancelled under the Corrective Services Act 2006 , section 205 or 209 ; or
an order similar to a parole order for the offender has been cancelled under a provision of an Act of the Commonwealth or another State that is similar to a provision mentioned in subparagraph (i) ; or
the offender is charged with a sexual assault offence.
In this section—
parole order see the Corrective Services Act 2006 , schedule 4 .
sexual assault offence means an offence against the following—
the Criminal Code , chapter 22 ;
the Criminal Code , chapter 32 .
s 151F ins 2017 No. 41 s 35
amd 2018 No. 23 s 34
(sec.151F-ssec.1) Despite section 151E , a court can not make a treatment order for an offender if— the offender is serving a term of imprisonment in a corrective services facility; or the offender is subject to a parole order; or the offender is serving, or is required to serve, the unexpired portion of a period of imprisonment for another offence in Queensland or elsewhere because— a parole order for the offender has been cancelled under the Corrective Services Act 2006 , section 205 or 209 ; or an order similar to a parole order for the offender has been cancelled under a provision of an Act of the Commonwealth or another State that is similar to a provision mentioned in subparagraph (i) ; or the offender is charged with a sexual assault offence.
(sec.151F-ssec.2) In this section— parole order see the Corrective Services Act 2006 , schedule 4 . sexual assault offence means an offence against the following— the Criminal Code , chapter 22 ; the Criminal Code , chapter 32 .
- (a) the offender is serving a term of imprisonment in a corrective services facility; or
- (b) the offender is subject to a parole order; or
- (c) the offender is serving, or is required to serve, the unexpired portion of a period of imprisonment for another offence in Queensland or elsewhere because— (i) a parole order for the offender has been cancelled under the Corrective Services Act 2006 , section 205 or 209 ; or (ii) an order similar to a parole order for the offender has been cancelled under a provision of an Act of the Commonwealth or another State that is similar to a provision mentioned in subparagraph (i) ; or
- (i) a parole order for the offender has been cancelled under the Corrective Services Act 2006 , section 205 or 209 ; or
- (ii) an order similar to a parole order for the offender has been cancelled under a provision of an Act of the Commonwealth or another State that is similar to a provision mentioned in subparagraph (i) ; or
- (d) the offender is charged with a sexual assault offence.
- (i) a parole order for the offender has been cancelled under the Corrective Services Act 2006 , section 205 or 209 ; or
- (ii) an order similar to a parole order for the offender has been cancelled under a provision of an Act of the Commonwealth or another State that is similar to a provision mentioned in subparagraph (i) ; or
- (a) the Criminal Code , chapter 22 ;
- (b) the Criminal Code , chapter 32 .