Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) A person is a qualifying offender if:
(a) he or she has been convicted of a serious sex offence; and
(b) either:
(i) he or she is under sentence of imprisonment for that offence; or
(ii) subsection (4) applies to him or her.
(2) A person sentenced to imprisonment for an offence is under sentence of imprisonment if he or she:
(a) is in custody serving the sentence; or
(b) is subject to one of the following orders in relation to the offence:
(i) an order suspending the sentence under section 40 of the Sentencing Act 1995 ;
(ii) an intensive community correction order made under the Sentencing Act 1995 ;
(iii) a home detention order or community custody order made under the Sentencing Act 1995 as in force before the commencement of Part 2 of the Sentencing and Other Legislation Amendment Act 2022 ; or
(c) has been released from custody on parole but is taken, under section 14(1) of the Parole Act 1971 , to be still under sentence of imprisonment for the offence.
Note for subsection (2)(c)
Under section 14(1) of the Parole Act 1971, a person released on parole is taken to still be under sentence of imprisonment until the day on which the term of imprisonment to which he or she was sentenced expires.
(3) For subsection (1)(b)(i), it is immaterial whether the person is, at the same time, under sentence of imprisonment for another offence.
(4) For subsection (1)(b)(ii), this subsection applies to a person if:
(a) he or she has served his or her sentence for the serious sex offence; and
(b) he or she is:
(i) under sentence of imprisonment for another offence; or
(ii) is in custody for any other reason, other than under a continuing detention order; and
(c) the person has not, at any time since commencing to serve the sentence mentioned in paragraph (a), ceased to be:
(i) under sentence of imprisonment for an offence; or
(ii) in custody for any other reason, other than under a continuing detention order.
(5) It is immaterial when the serious sex offence was committed or when the person was charged with or convicted of the offence.
(6) In this section, for a person who is under 18 years of age:
"imprisonment" includes detention within the meaning of the Youth Justice Act 2005 .
"in custody" includes in detention in a detention centre as defined in section 5(1) of the Youth Justice Act 2005 .
Note for subsection (6)
Although a person who is under 18 years of age may be a qualifying offender, a final continuing detention order or final supervision order cannot come into force before the person turns 18 (see sections 10(1) and 23(2)(b)).