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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CRIMINAL CODE AMENDMENT
(STALKING) BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Schedule 1 amended (Criminal Code)
192. Stalking
192A. Extra-territorial operation of offence
[Bill 27]-VIII
2
CRIMINAL CODE AMENDMENT
(STALKING) BILL 2004
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Criminal Code Act 1924
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Criminal Code
Amendment (Stalking) Act 2004.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Criminal Code Act 1924* is referred to
as the Principal Act.
*No. 69 of 1924
[Bill 27] 3
s. 4 No. Criminal Code Amendment (Stalking) 2004
Schedule 1 amended (Criminal Code)
4. Schedule 1 to the Principal Act is amended by omitting
section 192 and substituting the following sections:
Stalking
192. (1) A person who, with intent to cause another
person physical or mental harm or to be
apprehensive or fearful, pursues a course of conduct
made up of one or more of the following actions:
(a) following the other person or a third
person;
(b) keeping the other person or a third
person under surveillance;
(c) loitering outside the residence or
workplace of the other person or a third
person;
(d) loitering outside a place that the other
person or a third person frequents;
(e) entering or interfering with the property
of the other person or a third person;
(f) sending offensive material to the other
person or a third person or leaving
offensive material where it is likely to be
found by, given to or brought to the
attention of the other person or a third
person;
(g) publishing or transmitting offensive
material by electronic or any other
means in such a way that the offensive
material is likely to be found by, or
brought to the attention of, the other
person or a third person;
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2004 Criminal Code Amendment (Stalking) No. s. 4
(h) using the internet or any other form of
electronic communication in a way that
could reasonably be expected to cause
the other person to be apprehensive or
fearful;
(i) contacting the other person or a third
person by postal, telephonic, electronic
or any other means of communication;
(j) acting in another way that could
reasonably be expected to cause the
other person to be apprehensive or
fearful
is guilty of a crime.
Charge: Stalking.
(2) For the purposes of subsection (1)
(a) a person pursues a course of conduct if
the conduct is sustained or the conduct
occurs on more than one occasion; and
(b) if the conduct occurs on more than one
occasion, it is immaterial whether the
actions that make up the conduct on one
of those occasions are the same as, or
different from, the actions that make up
the conduct on another of those
occasions.
(3) A person who pursues a course of conduct
of a kind referred to in subsection (1) and so causes
another person physical or mental harm or to be
apprehensive or fearful is taken to have the
requisite intent under that subsection if at the
relevant time the person knew, or ought to have
known, that pursuing the course of conduct would,
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s. 4 No. Criminal Code Amendment (Stalking) 2004
or would be likely to, cause the other person physical
or mental harm or to be apprehensive or fearful.
(4) Subsection (3) does not apply to a person
who, in good faith, pursues a course of conduct of a
kind referred to in subsection (1) in the course of
performing official duties to
(a) enforce the criminal law; or
(b) administer an Act; or
(c) enforce a law imposing a pecuniary
penalty; or
(d) execute a warrant; or
(e) protect the public revenue.
Extra-territorial operation of offence
192A. (1) If
(a) a person takes an action referred to in
section 192(1)(f), (g), (h), (i) or (j) outside,
or partly outside, Tasmania; and
(b) there is a real and substantial link
between the action taken and
Tasmania
those provisions apply in relation to the action taken
as if it had been taken wholly within Tasmania.
(2) For the purposes of subsection (1), there is
a real and substantial link between the action taken
and Tasmania if
(a) a significant part of the conduct relating
to, or constituting, the action occurred in
Tasmania; or
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2004 Criminal Code Amendment (Stalking) No. s. 4
(b) where the action was taken wholly or
partly outside Tasmania, substantial
harmful effects arose in Tasmania.
Government Printer, Tasmania 7