40Eligibility to participate in program

#### 40 Eligibility to participate in program 40 Eligibility to participate in program > > (1) A person is eligible to participate in the program only if— > > > > > (a) the person is an Aboriginal person, and > > > > > (b) the person is an offender, and > > > > > (c) the person has been assessed as suitable for participation in the program by the Aboriginal Community Justice Group for the specified place at a meeting convened in accordance with Division 2 (or by the Program Officer, under clause 38), and > > > > > (d) the person enters into an agreement to participate in the program, and > > > > > (e) the court considers that the facts, as found by the court, or as pleaded to by the person, in connection with the offence, together with the person’s antecedents and any other information available to the court, indicate that it is likely that the person will be required to serve, or be subject to, a relevant sentence. > > > (2) In this clause— > > > > community correction order, conditional release order and intensive correction order have the same meanings as in the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092). > > > > relevant sentence means— > > > > > (a) any sentence of imprisonment, including a sentence the subject of an intensive correction order, or > > > > > (b) a community correction order, or > > > > > (c) a conditional release order. > > **cl 40:** Am 2019 (639), Sch 1\[3\]; 2023 No 39, Sch 6.12\[1\].