Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 365A

365A ch 35A

(1) This chapter applies to an offence against—

(a) section 320 ; or

(b) section 323 ; or

(c) section 340 (1) (b) , if the circumstances mentioned in section 340 (1) , penalty, paragraph (a) apply; or

(d) section 340 (2AA) , if the circumstances mentioned in section 340 (2AA) , penalty, paragraph (a) apply.

(2) This chapter applies in relation to proof of the circumstance of aggravation that the offence was committed in a public place while the person was adversely affected by an intoxicating substance.

Example—

1 The Penalties and Sentences Act 1992 , part 5 , division 2 , subdivision 2 provides for the making of a community service order for the person if the offence is committed in a public place while the person is adversely affected by an intoxicating substance.

2 The Police Powers and Responsibilities Act 2000 , chapter 18A applies the Transport Operations (Road Use Management) Act 1995 , section 80 to allow evidentiary certificates about breath, saliva, blood or urine specimens taken from the person to be used in proceedings for the offence.