Offenders Probation and Parole Act Amendment Act 1974 (Qld)

292 Qilrmsfitn^ ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 28 of 1974 An Act to amend the Offenders Probation and Parole Act 1959 -1971 in certain particulars [ASSENTED TO 2ND MAY, 1974] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Offenders Probation and Parole Act Amendment Act 1974. (2) The Offenders Probation and Parole Act 1959-1971 is in this Act referred to as the Principal Act.

Offenders Probation and Parole Act Amendment Act 1974, No. 28 293 (3) The Principal Act as amended by this Act may be cited as the Offenders Probation and Parole Act 1959-1974. 2. Amendment of s. 8 . Power to make probation orders. Section 8 of the Principal Act is amended- (a) by omitting the words " court of petty sessions " (wherever occurring) and substituting the words " Magistrates Court "; (b) by omitting from subsection (1) the words " one year and not more than five years " and substituting the words " six months and not more than three years "; (c) by inserting after subsection (4), the following subsections:- " (4A) If the offence in respect of which the probation order is made is an offence in relation to property, or is an offence against the person, the Court by which the probation order is made may, additionally, order the offender- (a) to make restitution of the property in relation to which the offence was committed; (b) to pay compensation for any injury to, or loss or destruction of, such property; or (c) to pay compensation for injury occasioned to any person by the commission of the offence, and the Court may direct when and to whom the restitution is to be made or compensation paid and, where a sum of money is ordered to be paid in instalments, the amount of each instalment. (4B) Any order made 'pursuant to subsection (4A) shall be deemed to be included in the probation order made in respect of the offence in question and compliance in every respect with an order first mentioned in this subsection shall be a requirement of the probation order in which pursuant to this subsection it is deemed to be included.". 3. Amendment of s. 9. First offender ' s recognizance or recognizance to appear and receive judgment if called upon not to be used where probation appropriate . Section 9 of the Principal Act is amended by omitting from subsection (2) the words " one year and not more than five years " and substituting the words " six months and not more than three years ". 4. Amendment of s. 10. Construction of references to Court by which probation order made . Section 10 of the Principal Act is amended by omitting from paragraph (c) the words " court of petty sessions " (twice occurring) and substituting the words " Magistrates Court ". 5. Amendment of s. 12. Substitution of new supervising Court. Section 12 of the Principal Act is amended- (a) by inserting in subsection (1) after the word " If" the words " upon application made by the probation officer or by the probationer himself "; and

294 Off enders Probation and Parole Act Amendment Act 1974, No. 28 (b) by omitting from subsection (1) the words "court of petty sessions " (wherever occurring) and substituting the words " Magistrates Court ". 6. Amendment of s. 13. Amendment of probation order. Section 13 of the Principal Act is amended- (a) by omitting from subsection (1) the words " The supervising Court " (wherever occurring) and substituting the words " The Court by which the order was made or the supervising Court "; (b) by omitting from paragraph (a) of subsection (1) the words " five years " and substituting the words " three years "; (c) by inserting in subsection (2) before the words " the supervising Court " (firstly occurring) the words " the Court by which the order was made or "; (d) by omitting from subsection (2) the words " clerk of the supervising "; and (e) by inserting after subsection (2), the following subsection:- " (2A) On the making by the Court by which the order was made of an order amending a probation order, the Court shall send to the clerk of the supervising Court a copy of the order together with such documents and information relating to the case as it considers likely to be of assistance to that Court.". 7. Amendment of s. 14 . Probationer ' s assent to amendment . Section 14 of the Principal Act is amended by inserting before the words " the supervising Court " the words " the Court by which the order was made or ". 8. Amendment of s. 15. Breach of requirements of probation order otherwise than by conviction . Section 15 of the Principal Act is amended by inserting in paragraph (a) of subsection (3) after the words " One hundred dollars " the expression " and, in addition or without imposing any fine, make an order for the payment of any sum outstanding or unpaid under any order made in pursuance of subsection (4A) of section 8 in relation to the probation order in question and make any order for the enforcement of its order that the Court could have made if' it were then and there making an order under the said subsection (4A) ". 9. Amendment of s. 16. Breach of Order by conviction . Section 16 of the Principal Act is amended- (a) by omitting from subsection (5) the words " such Court or such supervising Court (as the case may be) may deal with the probationer for the offence for which the order was made in any manner in which it could deal with him if he had just been convicted by or before that Court of that offence " and substituting the words " such Court or such supervising Court (as the case may be) may- (a) without prejudice to the continuation of the probation order, impose on the probationer, in respect of the breach of the probation order by the conviction, a fine not exceeding one hundred dollars and, in addition or without imposing any fine, make an order for. the payment of any sum outstanding or

Offenders Probation and Parole Act Amendment Act 1974, No. 28 295 unpaid under any order made in pursuance of subsection (4A) of section 8, in relation to the probation order in question and make any order for the enforcement of its order that the Court could have made if it were then and there making an order under the said subsection (4A); or (b) deal with the probationer for the offence for which the order was made in any manner in which it could deal with him if he had just been convicted by or before that Court of that offence "; and (b) by adding after subsection (8), the following subsection (9) " (9) For the purposes of this section a reference to the Court by which the probation order was made shall, where the order was made by a District Court, include a reference to a District Court sitting within or for the District in which the probationer is then residing.". 10. Amendment of s. 18. Application of JusticesAct. Section 18 of the Principal Act is amended- (a) by omitting from subsection (1) the words " and warrants " and substituting the words ", warrants and fines "; and (b) by adding at the end of subsection (1) the words " and fines imposed under the provisions of this Part may be enforced by any order under the Justices Act1886-1973 that might be made by the adjudicating justices for the enforcement of payment of any fine adjudged to be paid upon a conviction for an offence under any Act not expressly providing for such enforcement.". 11. New s. 18A. The Principal Act is amended by inserting, after section 18, the following section :- " 18A. Proceeding in respect of breach may be taken after expiration of probation period. Proceeding in respect of, or arising out of, any breach of a probation order may be taken and the person in respect of whom the probation order was made dealt with under- this Act in respect of the breach notwithstanding the expiration of the probation period.". 12. Amendment of s. 36K. Section 36K of the Principal Act is amended- (a) by omitting from subsection (4) all words from and including the words " subsection (7) of this section " to the end of the subsection and substituting the following expression:- l< subsection (7)- (a) without prejudice to the continuation of the probation order, impose on the probationer, in respect of the offence constituted by the breach of the probation order, a fine not exceeding one hundred dollars; or (b) deal with the probationer for the offence against section 361 in any manner in which the Court could deal with him if the act or omission constituting the offence in respect of which the probation order was

296 Offenders Probation and Parole Act Amendment Act 1974, No. 28 made had taken place within the jurisdiction of the Court and if it had just convicted him of an offence constituted by that act or omission and punishable by a penalty not exceeding the maximum penalty prescribed by the law of the State or Territory in which the probation order was made for the offence in respect of which that order was made "; and (b) by inserting in subsection (5) after the words " pursuant to the words " paragraph (b) of ".