QLDIn ForceAct
Penalties and Sentences Act 1992
sec.182ACourt may make order for default payment of penalty
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### sec.182A Court may make order for default payment of penalty
A court that orders an offender to pay a penalty may also order that, if the offender fails to pay the penalty immediately or within the time allowed by the court in its order, the offender is to be imprisoned for a term calculated—
under subsection (2) (a) ; or
by dividing the amount of the penalty by the cut-out rate mentioned in the SPE Act , schedule 2 , definition cut-out rate , paragraph (a) , rounded down to the nearest whole number and expressed as a number of days.
The term of imprisonment—
must be—
the term that, in the court’s opinion, will satisfy the justice of the case; but
not more than 14 days imprisonment for each penalty unit, or part of a penalty unit, that the offender was ordered to pay; and
must be served cumulatively with any term of imprisonment the offender is serving, or has been sentenced to serve, unless the court orders otherwise.
This section has effect—
subject to the Act under which the penalty is ordered to be paid; and
despite section 152 , whether or not a conviction is recorded.
s 182A ins 1993 No. 36 s 13
amd 2007 No. 3 s 56 ; 2016 No. 31 s 7 sch 1
(sec.182A-ssec.1) A court that orders an offender to pay a penalty may also order that, if the offender fails to pay the penalty immediately or within the time allowed by the court in its order, the offender is to be imprisoned for a term calculated— under subsection (2) (a) ; or by dividing the amount of the penalty by the cut-out rate mentioned in the SPE Act , schedule 2 , definition cut-out rate , paragraph (a) , rounded down to the nearest whole number and expressed as a number of days.
(sec.182A-ssec.2) The term of imprisonment— must be— the term that, in the court’s opinion, will satisfy the justice of the case; but not more than 14 days imprisonment for each penalty unit, or part of a penalty unit, that the offender was ordered to pay; and must be served cumulatively with any term of imprisonment the offender is serving, or has been sentenced to serve, unless the court orders otherwise.
(sec.182A-ssec.3) This section has effect— subject to the Act under which the penalty is ordered to be paid; and despite section 152 , whether or not a conviction is recorded.
- (a) under subsection (2) (a) ; or
- (b) by dividing the amount of the penalty by the cut-out rate mentioned in the SPE Act , schedule 2 , definition cut-out rate , paragraph (a) , rounded down to the nearest whole number and expressed as a number of days.
- (a) must be— (i) the term that, in the court’s opinion, will satisfy the justice of the case; but (ii) not more than 14 days imprisonment for each penalty unit, or part of a penalty unit, that the offender was ordered to pay; and
- (i) the term that, in the court’s opinion, will satisfy the justice of the case; but
- (ii) not more than 14 days imprisonment for each penalty unit, or part of a penalty unit, that the offender was ordered to pay; and
- (b) must be served cumulatively with any term of imprisonment the offender is serving, or has been sentenced to serve, unless the court orders otherwise.
- (i) the term that, in the court’s opinion, will satisfy the justice of the case; but
- (ii) not more than 14 days imprisonment for each penalty unit, or part of a penalty unit, that the offender was ordered to pay; and
- (a) subject to the Act under which the penalty is ordered to be paid; and
- (b) despite section 152 , whether or not a conviction is recorded.