Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SECT 4

Who is an eligible offender?

4. Who is an eligible offender?



(1) Subject to subsection (2), an eligible offender is a person-

   (a)  on whom a court has at any time (whether before, on or after the
        commencement of this Act) imposed a custodial sentence in respect of a
        relevant offence; and

   (b)  who, at the time at which an application is made under Division 1 of
        Part 2 for an extended supervision order in respect of him or her, is
        serving-

   (i)  a custodial sentence referred to in paragraph (a) (a relevant
        sentence); or

   (ii) another custodial sentence served concurrently with the relevant
        sentence or cumulatively on the relevant sentence or on another
        sentence that was uncompleted at the time of completion of the
        relevant sentence, whether that other sentence was, or those other
        sentences were, imposed before, at the same time or after the relevant
        sentence.

(2) A person is not an eligible offender if-

   (a)  the conviction or finding of guilt in respect of the only relevant
        offence that makes him or her an eligible offender is quashed or set
        aside by a court; or

   (b)  his or her sentence in respect of that offence is altered so that he
        or she would not have been an eligible offender had the amended
        sentence been the original sentence.

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