Last updated 23 May 2017
It is an offence to breach any requirement of a community-based order. A penalty of up to 10 penalty units (currently $1219) may be imposed where an offender breaches a community-based order without reasonable excuse (s 123 Penalties and Sentences Act 1992 (Qld) (Penalties and Sentences Act)). The court may in addition to, or instead of, this fine admonish and discharge the offender or make an order that any amount required to be paid pursuant to the order is to be paid immediately (e.g. restitution or compensation). Also, the court may resentence the offender. In resentencing, the court must take into account the extent of compliance with the order. Upon resentencing, the order will be automatically discharged (ss 125–126 Penalties and Sentences Act).
A community-based order may also be revoked or amended, and the offender may be resentenced if they are unable to, or no longer willing to, comply with the order, or if the offender’s circumstances were not accurately presented to the court when the order was originally imposed (s 120 Penalties and Sentences Act).
An offender who breaches an intensive correction order may be sent to prison for the term of imprisonment that remained unexpired at the time of the breach (s 127 Penalties and Sentences Act).