CRIMES AMENDMENT (BULLYING) BILL 2011
PARLIAMENT OF VICTORIA Crimes Amendment (Bullying) Bill 2011 TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2--AMENDMENT OF THE CRIMES ACT 1958 3 3 Stalking 3 4 New section 617 inserted 4 617 Transitional provision--Crimes Amendment (Bullying) Act 2011 4 5 Statute law revision and other minor amendments 4 PART 3--AMENDMENT OF THE STALKING INTERVENTION ORDERS ACT 2008 5 6 Meaning of stalking 5 7 New section 62B inserted 6 62B Transitional provision--Crimes Amendment (Bullying) Act 2011 6 8 Statute law revision amendment 6 PART 4--AMENDMENT OF THE PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 7 9 Meaning of stalking 7 10 Statute law revision amendments 8 PART 5--REPEAL 9 11 Repeal of amending Act 9 ENDNOTES 10 571060B.I-5/4/2011 i BILL LA INTRODUCTION 5/4/2011
PARLIAMENT OF VICTORIA Introduced in the Assembly Crimes Amendment (Bullying) Bill 2011 A Bill for an Act to amend the Crimes Act 1958, the Stalking Intervention Orders Act 2008 and the Personal Safety Intervention Orders Act 2010 and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The purposes of this Act are-- (a) to amend the Crimes Act 1958 in relation to 5 the offence of stalking; and (b) to make consequential amendments to the Stalking Intervention Orders Act 2008 and the Personal Safety Intervention Orders Act 2010; and 10 (c) to make minor amendments of a statute law revision nature. 571060B.I-5/4/2011 1 BILL LA INTRODUCTION 5/4/2011
Crimes Amendment (Bullying) Bill 2011 Part 1--Preliminary s. 2 2 Commencement (1) This Part comes into operation on the day on which this Act receives the Royal Assent. (2) Section 5(2) is taken to have come into operation 5 on 12 December 2007. (3) Section 8 is taken to have come into operation on 7 December 2008. (4) The remaining provisions of this Act come into operation on the day after the day on which it 10 receives the Royal Assent. __________________ 571060B.I-5/4/2011 2 BILL LA INTRODUCTION 5/4/2011
Crimes Amendment (Bullying) Bill 2011 Part 2--Amendment of the Crimes Act 1958 s. 3 PART 2--AMENDMENT OF THE CRIMES ACT 1958 3 Stalking (1) After section 21A(2)(d) of the Crimes Act 1958 See: Act No. insert-- 6231. Reprint No. 22 5 "(da) making threats to the victim; as at 17 March (db) using abusive or offensive words to or in the 2010 and presence of the victim; amending Act Nos (dc) performing abusive or offensive acts in the 16/2004, presence of the victim; 9/2008, 87/2009, 10 (dd) directing abusive or offensive acts towards 13/2010, 49/2010, the victim;". 53/2010, 63/2010, (2) For section 21A(2)(g) of the Crimes Act 1958 64/2010 and 65/2010. substitute-- LawToday: www. "(g) acting in any other way that could reasonably legislation. 15 be expected-- vic.gov.au (i) to cause physical or mental harm to the victim, including self-harm; or (ii) to arouse apprehension or fear in the victim for his or her own safety or that 20 of any other person--". (3) In section 21A(2) of the Crimes Act 1958, after "with the intention of causing physical or mental harm to the victim" insert ", including self- harm,". 25 (4) In section 21A(3) of the Crimes Act 1958, after "victim" (where first occurring) insert ", including self-harm,". 571060B.I-5/4/2011 3 BILL LA INTRODUCTION 5/4/2011
Crimes Amendment (Bullying) Bill 2011 Part 2--Amendment of the Crimes Act 1958 s. 4 (5) After section 21A(7) of the Crimes Act 1958 insert-- "(8) In this section-- mental harm includes-- 5 (a) psychological harm; and (b) suicidal thoughts.". 4 New section 617 inserted After section 616 of the Crimes Act 1958 insert-- 10 "617 Transitional provision--Crimes Amendment (Bullying) Act 2011 (1) Section 21A as amended by section 3 of the Crimes Amendment (Bullying) Act 2011 applies only to offences alleged to have been 15 committed on or after the commencement of section 3 of that Act. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one after 20 the commencement of section 3 of the Crimes Amendment (Bullying) Act 2011, the offence is alleged to have been committed before that commencement.". 5 Statute law revision and other minor amendments 25 (1) In section 464ZFA(1A) of the Crimes Act 1958, for "as the case may be,," substitute "as the case may be,". (2) In item 6 of Schedule 7 to the Crimes Act 1958, for "23" substitute "24ZQ(3), 24ZR(1), 24ZR(2), 30 24ZR(3), 24ZS(1), 24ZS(2)". __________________ 571060B.I-5/4/2011 4 BILL LA INTRODUCTION 5/4/2011
Crimes Amendment (Bullying) Bill 2011 Part 3--Amendment of the Stalking Intervention Orders Act 2008 s. 6 PART 3--AMENDMENT OF THE STALKING INTERVENTION ORDERS ACT 2008 6 Meaning of stalking (1) In section 4(1)(a) of the Stalking Intervention See: Act No. 5 Orders Act 2008, after "with the intention of 68/2008 causing physical or mental harm to the second and amending person" insert ", including self-harm,". Act Nos 55/2009, (2) After section 4(1)(b)(vii) of the Stalking 69/2009, 18/2010, Intervention Orders Act 2008 insert-- 30/2010, 53/2010 and 10 "(viia) making threats to the second person; 70/2010. LawToday: (viib) using abusive or offensive words to or in the www. presence of the second person; legislation. vic.gov.au (viic) performing abusive or offensive acts in the presence of the second person; 15 (viid) directing abusive or offensive acts towards the second person;". (3) For section 4(1)(b)(x) of the Stalking Intervention Orders Act 2008 substitute-- "(x) acting in any other way that could reasonably 20 be expected-- (A) to cause physical or mental harm to the second person, including self-harm; or (B) to arouse apprehension or fear in the second person for his or her own safety 25 or that of any other person.". (4) In section 4(2) of the Stalking Intervention Orders Act 2008, after "second person" (where first occurring) insert ", including self-harm,". 571060B.I-5/4/2011 5 BILL LA INTRODUCTION 5/4/2011
Crimes Amendment (Bullying) Bill 2011 Part 3--Amendment of the Stalking Intervention Orders Act 2008 s. 7 (5) After section 4(2) of the Stalking Intervention Orders Act 2008 insert-- "(3) In this section-- mental harm includes-- 5 (a) psychological harm; and (b) suicidal thoughts.". 7 New section 62B inserted After section 62A of the Stalking Intervention Orders Act 2008 insert-- 10 "62B Transitional provision--Crimes Amendment (Bullying) Act 2011 Section 4 as amended by section 6 of the Crimes Amendment (Bullying) Act 2011 applies only to applications for intervention 15 orders made on or after the commencement of section 6 of that Act.". 8 Statute law revision amendment In section 75(5) of the Stalking Intervention Orders Act 2008, after "Firearms Act" insert 20 "1996". __________________ 571060B.I-5/4/2011 6 BILL LA INTRODUCTION 5/4/2011
Crimes Amendment (Bullying) Bill 2011 Part 4--Amendment of the Personal Safety Intervention Orders Act 2010 s. 9 PART 4--AMENDMENT OF THE PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 9 Meaning of stalking (1) In section 10(1)(a) of the Personal Safety See: Act No. 5 Intervention Orders Act 2010, after "with the 53/2010. intention of causing physical or mental harm to LawToday: www. the second person" insert ", including self-harm,". legislation. vic.gov.au (2) After section 10(1)(b)(vii) of the Personal Safety Intervention Orders Act 2010 insert-- 10 "(viia) making threats to the second person; (viib) using abusive or offensive words to or in the presence of the second person; (viic) performing abusive or offensive acts in the presence of the second person; 15 (viid) directing abusive or offensive acts towards the second person;". (3) For section 10(1)(b)(x) of the Personal Safety Intervention Orders Act 2010 substitute-- "(x) acting in any other way that could reasonably 20 be expected-- (A) to cause physical or mental harm to the second person, including self-harm; or (B) to arouse apprehension or fear in the second person for his or her own safety 25 or that of any other person.". (4) In section 10(2) of the Personal Safety Intervention Orders Act 2010, after "second person" (where first occurring) insert ", including self-harm,". 571060B.I-5/4/2011 7 BILL LA INTRODUCTION 5/4/2011
Crimes Amendment (Bullying) Bill 2011 Part 4--Amendment of the Personal Safety Intervention Orders Act 2010 s. 10 (5) After section 10(2) of the Personal Safety Intervention Orders Act 2010 insert-- "(3) In this section-- mental harm includes-- 5 (a) psychological harm; and (b) suicidal thoughts.". 10 Statute law revision amendments (1) In section 23(2)(b)(i) of the Personal Safety Intervention Orders Act 2010 omit "special". 10 (2) In item 8.1 of the Schedule to the Personal Safety Intervention Orders Act 2010, in proposed item 3.2A of Part 3 of Schedule 1 to the Police Regulation Act 1958, for "2010" substitute "2010.". 15 (3) In item 9.3 of the Schedule to the Personal Safety Intervention Orders Act 2010-- (a) for "a family violence intervention order" substitute "a family violence intervention order"; and 20 (b) for "an intervention order" substitute "an intervention order". __________________ 571060B.I-5/4/2011 8 BILL LA INTRODUCTION 5/4/2011
Crimes Amendment (Bullying) Bill 2011 Part 5--Repeal s. 11 PART 5--REPEAL 11 Repeal of amending Act This Act is repealed on the first anniversary of the day on which it receives the Royal Assent. 5 Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 571060B.I-5/4/2011 9 BILL LA INTRODUCTION 5/4/2011
Crimes Amendment (Bullying) Bill 2011 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571060B.I-5/4/2011 10 BILL LA INTRODUCTION 5/4/2011