A compensation order under s 35 of the Penalties and Sentences Act 1992 (Qld) cannot be imposed without giving the offender notice and an opportunity to be heard. The potentially punitive consequences of such an order under the SPEA enforcement regime — including imprisonment for up to 270 days for non-payment — must be taken into account when assessing the appropriateness of the overall sentence, and the term of imprisonment cannot be considered in isolation from the compensation order. Where a compensation order is to be set aside on appeal, the beneficiary of the order is entitled to be heard.
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