8Eligible offender

8 Eligible offender (1) A person is an eligible offender if the person is of or over the age of 18 years and— (a) the Supreme Court or the County Court or an equivalent court of another State or a Territory has at any time (whether before, on or after the commencement of this Act) imposed on the person, whether at first instance or on appeal from the Supreme Court or the County Court, a custodial sentence for a serious sex offence or a serious violence offence; and (b) the person is serving in Victoria— (i) the custodial sentence referred to in paragraph (a), whether or not the sentence is being served concurrently with or cumulatively on a custodial sentence for another offence; or (ii) a custodial sentence for another offence that is being served cumulatively on the custodial sentence referred to in paragraph (a) that has been served, irrespective of when the sentence was imposed; or (iii) a custodial sentence for another offence that is being served cumulatively on the custodial sentence referred to in subparagraph (ii) that has been served, irrespective of when the sentence was imposed. (2) A person is an eligible offender if— (a) the person is remanded in custody or is serving a custodial sentence for any offence; and (b) at the time when the person was remanded in custody or began to serve the custodial sentence, the person— (i) was the subject of an application for a supervision order, a detention order or an emergency detention order; or (ii) was subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order. (3) A person is an eligible offender if the person is subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order, whether or not the person is remanded in custody or is serving a custodial sentence. (4) Despite any other provision of this section, a person is not an eligible offender if on appeal— (a) the conviction or finding of guilt in respect of the serious sex offence or serious violence offence by reason of which the person is an eligible offender is set aside; or (b) the custodial sentence is varied and a different sentence is imposed such that the person is not an eligible offender.