(a) the person is convicted
of an offence, other than an offence referred to in subsection (2), and
(b)
except as provided for by subsection (1A), the person has been sentenced to a
term of imprisonment for the offence to be served by way of full-time
detention and at the time that the sentence was imposed:
(i) the unexpired
non-parole period of the sentence was a period of at least 18 months, and
(ii) the unexpired total sentence was a period of not more than 6 years, and
(d) the person has a long-term dependency on the use of prohibited drugs
(within the meaning of the Drug Misuse and Trafficking Act 1985 ) or other
drugs prescribed by the regulations, and
(e) the facts in connection with the
offence for which the person has been sentenced, together with the person's
antecedents and any other information available, indicate that the offence was
related to the person's long-term drug dependency and associated lifestyle,
and
(f) the person satisfies such other criteria as are prescribed by the
regulations.
(1A) Subsection (1) (b) does not prevent a person whose parole
order has been revoked from being an eligible convicted offender if the person
is a relevant person within the meaning of section 18BA (State Parole
Authority to refer certain offenders whose parole is revoked to Drug Court).
(a) the offence for
which the person has been convicted involved the use of a firearm, or
(b) the
person has been convicted at any time of any of the following:
(i) murder,
attempted murder or manslaughter,
(ii) sexual assault of an adult or child or
a sexual offence involving a child,
(iii) any offence involving the violent
use of a firearm,
(iv) an offence under section 23 (2), 24 (2), 25 (2), 26,
27 or 28 of the Drug Misuse and Trafficking Act 1985 involving a commercial
quantity or large commercial quantity of a prohibited plant or prohibited drug
within the meaning of that Act,
(v) any offence prescribed by the regulations
for the purposes of this section.