Penalties and Sentences Regulation 2015 (Qld)

Penalties and Sentences Regulation 2015

1   Short title

This regulation may be cited as the Penalties and Sentences Regulation 2015.

2   Prescribed local government—Act, s 5(1)(b)

For section 5(1)(b) of the Act, the prescribed local governments are mentioned in schedule 2.

3   Value of penalty unit for particular purposes—Act, s 5A

For section 5A(1) of the Act, the prescribed value of a penalty unit for section 5(1)(a)(i), (c)(i) and (e)(i) of the Act is $166.90.

4   [Repealed]

5   Drug diversion courts—Act, s 15B

The following are prescribed for the definition drug diversion court in section 15B of the Act—

(a)each Magistrates Court;

(b)each Childrens Court constituted by a magistrate.

6   Prescribed dangerous drugs and prescribed quantities—Act, s 15D

Schedule 1 sets out—

(a)the dangerous drugs prescribed for the definition prescribed dangerous drug in section 15D of the Act; and

(b)for each prescribed dangerous drug, the quantity prescribed for the definition prescribed quantity in section 15D of the Act.

7   Application for permission to leave or stay out of Queensland

An application for permission mentioned in section 66(1)(f), 93(1)(f), 103(1)(f), 110C(1)(f) or 114(1)(h) of the Actmust be made to an authorised corrective services officer by or for the offender.

8   Recording of hours of community service performed

(1)The project supervisor must record on an attendance return provided by the chief executive (corrective services)—

(a)the time of each day when the offender reports for community service; and

(b)the time of each day when the offender stops performing community service.

(2)The offender must countersign each entry made by the project supervisor in the attendance return.

(3)In this section—

project supervisor means the person under whose supervision an offender performs community service.

9   Chief executive (corrective services) to be advised if fine or part of fine is paid

If, under section 73 of the Act, a fine or a part of a fine is paid to the proper officer of the court in which the original order was made, the proper officer must notify the chief executive (corrective services) of the payment.

9AA   Prescribed Magistrates Court—Act, s 151B

For section 151B of the Act, definition court, the Magistrates Court, Central division of the Brisbane Magistrates Courts District, is prescribed.

9A   Corresponding control orders—Act, s 161ZW

For section 161ZW of the Act, each of the following is prescribed to be a corresponding control order—

(a)a serious crime prevention order under the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW);

(b)a control order under the Serious Crime Control Act (NT), if the order is made on the ground mentioned in section 23(1)(d) of that Act;

(c)a control order under the Serious and Organised Crime (Control) Act 2008 (SA), if the court is satisfied of the matter mentioned in section 22(2)(c) of that Act.

10   Offender levy—Act, s 179C

(1)For section 179C(5) of the Act, the amount prescribed is—

(a)if the sentence is imposed by the Supreme Court or District Court—390.50 fee units; or

(b)if the sentence is imposed by a Magistrates Court—130.30 fee units.

(2)Subsection (3) applies for working out the amount of the offender levy.

(3)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded to the nearest multiple of 10 cents (rounding one-half upwards).

Example—

Subsection (1)(a) prescribes an amount of 390.50 fee units. If the value of a fee unit for this regulation were $1.50, the number of dollars obtained by multiplying $1.50 by 390.50 would be $585.75. Because $585.75 is halfway between $585.70 and $585.80, it is rounded upwards, so the amount for subsection (1)(a) would be $585.80.

11   Repeal

The Penalties and Sentences Regulation 2005, SL No. 213 is repealed.

Schedule 1 Prescribed dangerous drugs and prescribed quantities

section 6

Dangerous drug	Quantity
Amphetamine	1.0g
Barbituric acid	5.0g
4-Bromo-2,5-dimethoxyamphetamine	0.02g
4-Bromo-2,5-dimethoxyphenethylamine	0.02g
Cannibis sativa	50.0g
Cocaine	1.0g
Codeine, except where it is compounded with 1 or more other medicaments in such a way that it can not be readily extracted and where it is contained—
(a)  in divided preparations containing 30mg or less of codeine per dosage unit; or
(b)  in undivided preparations containing 1% or less of codeine	5.0g
N,N-Diethyltryptamine	1.0g
2,5-Dimethoxy-4-Ethylamphetamine (DOET)	1.0g
2,5-Dimethoxy-4-Methylamphetamine	1.0g
N,N-Dimethyltryptamine	1.0g
Fenethylline	1.0g
Fentanyl	0.0025g
Gamma hydroxybutyric acid	1.0g
Heroin	1.0g
Hydromorphone	1.0g
Ketamine	0.2g
Lysergic acid	3 tickets or tabs
Lysergide	3 tickets or tabs
Methadone	1.0g
Methcathinone	1.0g
5-Methoxy-3,4-Methylenedioxyamphetamine (MMDA)	1.0g
2-Methylamino-1-(3,4-methylenedioxyphenyl) butane (MBDB)	1.0g
4-Methylaminorex	1.0g
Methylamphetamine	1.0g
3,4-Methylenedioxyethylamphetamine (MDEA)	1.0g
3,4-Methylenedioxymethamphetamine (MDMA)	1.0g
4-Methylthioamphetamine (4-MTA)	1.0g
Moramide	1.0g
Morphine	1.0g
Opium	5.0g
Paramethoxyamphetamine (PMA)	1.0g
Pethidine	1.0g
Phencyclidine	0.2g
Psilocin	0.04g
Psilocybin	0.04g
Tetrahydrocannabinol	1.0g
3,4,5-Trimethoxyamphetamine (TMA)	1.0g

In this schedule—

ticket or tab means the amount of the dangerous drug, not greater than 0.000040g, that is prepared or apparently prepared to be administered as a single dose.

Schedule 2 Makers of local laws—$75 as value of penalty unit

section 2

Aurukun Shire Council

Doomadgee Aboriginal Shire Council

Hope Vale Aboriginal Shire Council

Napranum Aboriginal Shire Council

Pormpuraaw Aboriginal Shire Council

Torres Shire Council

Torres Strait Island Regional Council

Woorabinda Aboriginal Shire Council

Wujal Wujal Aboriginal Shire Council

Yarrabah Aboriginal Shire Council