Penalties and Sentences Regulation 2025

1Short title

This regulation may be cited as the Penalties and Sentences Regulation 2025.

2Commencement

This regulation commences on 1 September 2025.

3Particular local governments—Act, s 5

For section 5(1)(b) of the Act, each local government stated in schedule 1 is prescribed.

4Value of particular penalty unit—Act, s 5A

For section 5A(1) of the Act, the value prescribed is $166.90.

5Drug diversion courts—Act, s 15B

For section 15B of the Act, definition drug diversion court, each of the following courts is prescribed—

(a)a Childrens Court as constituted under the Childrens Court Act 1992, section 5(3)(a) or (b);

(b)a Magistrates Court.

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

(1)For section 15D(2) of the Act, definition prescribed dangerous drug, each dangerous drug stated in schedule 2 is prescribed.

(2)For section 15D(2) of the Act, definition prescribed quantity, the quantity stated in schedule 2 opposite a prescribed dangerous drug is prescribed in relation to the drug.

7Persons who may ask for particular permissions

An offender, or a person on behalf of an offender, may ask for the permission mentioned in section 66(1)(f), 93(1)(f), 103(1)(f), 110C(1)(f) or 114(1)(h) of the Act.

8Recording of hours community service is performed

(1)On each day an offender reports to an authorised corrective services officer to perform community service under a relevant order—

(a)the officer must record on the attendance return for the offender for the order—

(i)the time, on the day, the offender reports to perform community service under the order; and

(ii)the time, on the day, the offender stops performing community service under the order; and

(b)the offender must countersign each record required to be made under paragraph (a).

(2)In this section—

attendance return, for an offender for a relevant order, means a document issued by the chief executive (corrective services) for the recording of information about the number of hours community service is performed by the offender under the order.

relevant order means—

(a)a community service order; or

(b)a fine option order; or

(c)an intensive correction order.

9Proper officer to advise chief executive (corrective services) if particular payments made

(1)This section applies if—

(a)a fine or part of a fine to which a fine option order for the offender relates is paid to the proper officer of the court in accordance with section 73(2) of the Act; and

(b)the payment is applied to the amount of the fine to which the order relates.

(2)The proper officer of the court is to notify the chief executive (corrective services) of the payment.

10Magistrates Court—Act, s 151B

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

11Corresponding control orders—Act, s 161ZW

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

(a)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;

(b)a control order under the Serious Crime Control Act 2009 (NT), if the order is made on the ground mentioned in section 23(1)(d) of that Act;

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

(d)a serious crime prevention order under the Criminal Organisations Control Act 2012 (Vic).

12Offender 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.

13Repeal

The Penalties and Sentences Regulation 2015, No. 77 is repealed.

section 3

section 6

In this schedule—

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