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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes (Stalking and Family Violence) Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF CRIMES ACT 1958 3
3. Cyberstalking 3
4. Removal of requirement as to actual effect of stalking 3
5. Extra-territorial operation of offence 4
6. New section 598 inserted 4
598. Transitional provision--Crimes (Stalking and Family
Violence) Act 2003 4
PART 3--AMENDMENT OF CRIMES (FAMILY VIOLENCE)
ACT 1987 6
7. New section 14 substituted 6
14. Consent orders 6
8. New section 25AB inserted 6
25AB. Validation of certain orders 6
9. Supreme Court--limitation of jurisdiction 7
ENDNOTES 8
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551026B.I1-27/3/2003 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 25 March 2003
A BILL
to amend the Crimes Act 1958 with respect to the offence of stalking
and the Crimes (Family Violence) Act 1987 with respect to consent
orders and for other purposes.
Crimes (Stalking and Family Violence)
Act 2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is--
(a) to amend the Crimes Act 1958 with respect
5 to the offence of stalking to ensure that the
offence--
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Crimes (Stalking and Family Violence) Act 2003
Act No.
Part 1--Preliminary
s. 2
(i) covers cyberstalking; and
(ii) no longer requires proof as to the actual
effect on the victim of the course of
conduct engaged in by the offender;
5 and
(iii) has extra-territorial operation; and
(b) to amend the Crimes (Family Violence) Act
1987--
(i) to ensure that intervention orders can be
10 made by consent; and
(ii) to validate certain orders made by
consent before the commencement of
this Act.
2. Commencement
15 This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
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Crimes (Stalking and Family Violence) Act 2003
Act No.
Part 2--Amendment of Crimes Act 1958
s. 3
PART 2--AMENDMENT OF CRIMES ACT 1958
3. Cyberstalking
See: In section 21A(2) of the Crimes Act 1958, for
Act No.
paragraph (b) substitute--
6231/1958.
Reprint No. 16
5 "(b) contacting the victim or any other person by
as at
1 January
post, telephone, fax, text message, e-mail or
2002
other electronic communication or by any
and
amending
other means whatsoever;
Act Nos
45/2001,
(ba) publishing on the Internet or by an e-mail or
11/2002,
10 other electronic communication to any
16/2002 and
35/2002.
person a statement or other material--
LawToday:
www.dms.
(i) relating to the victim or any other
dpc.vic.
gov.au person; or
(ii) purporting to relate to, or to originate
15 from, the victim or any other person;
(bb) causing an unauthorised computer function
(within the meaning of Subdivision (6) of
Division 3) in a computer owned or used by
the victim or any other person;
20 (bc) tracing the victim's or any other person's use
of the Internet or of e-mail or other
electronic communications;".
4. Removal of requirement as to actual effect of stalking
(1) In section 21A(2) of the Crimes Act 1958, omit
25 "and the course of conduct engaged in actually did
have that result".
(2) In section 21A(3) of the Crimes Act 1958, omit
"and it actually did have that result".
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Crimes (Stalking and Family Violence) Act 2003
Act No.
Part 2--Amendment of Crimes Act 1958
s. 5
5. Extra-territorial operation of offence
In section 21A of the Crimes Act 1958, at the end
of the section insert--
"(6) It is immaterial that some or all of the course
5 of conduct constituting an offence against
sub-section (1) occurred outside Victoria, so
long as the victim was in Victoria at the time
at which that conduct occurred.
(7) It is immaterial that the victim was outside
10 Victoria at the time at which some or all of
the course of conduct constituting an offence
against sub-section (1) occurred, so long as
that conduct occurred in Victoria.".
6. New section 598 inserted
15 At the end of Part VII of the Crimes Act 1958
insert--
"598. Transitional provision--Crimes (Stalking
and Family Violence) Act 2003
(1) The amendments of section 21A of this Act
20 made by Part 2 of the Crimes (Stalking and
Family Violence) Act 2003 apply to
offences alleged to have been committed on
or after the commencement of that Act.
(2) For the purposes of sub-section (1), if an
25 offence is alleged to have been committed
between two dates, one before and one after
the commencement of the Crimes (Stalking
and Family Violence) Act 2003, the offence
is alleged to have been committed before that
30 commencement.
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Crimes (Stalking and Family Violence) Act 2003
Act No.
Part 2--Amendment of Crimes Act 1958
s. 6
(3) The amendments of section 21A of this Act
made by Part 2 of the Crimes (Stalking and
Family Violence) Act 2003 do not affect the
rights of the parties in the proceeding known
5 as DPP v Sutcliffe (No. 6562 of 2000) in the
Supreme Court.".
__________________
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Crimes (Stalking and Family Violence) Act 2003
Act No.
Part 3--Amendment of Crimes (Family Violence) Act 1987
s. 7
PART 3--AMENDMENT OF CRIMES (FAMILY VIOLENCE)
ACT 1987
7. New section 14 substituted
See:
For section 14 of the Crimes (Family Violence) Act No.
5 Act 1987 substitute-- 19/1987.
Reprint No. 4
"14. Consent orders as at
16 September
(1) The court may make an intervention order-- 1999 and
amending
Act Nos
(a) without being satisfied as to any matter
36/2000 and
referred to in section 4(1) of this Act or 27/2001.
10 LawToday:
section 21A(5) of the Crimes Act
www.dms.
1958; and dpc.vic.
gov.au
(b) whether or not the defendant admits to
any or all of the particulars of the
complaint--
15 if the parties to the proceeding consent to the
making of the order.
(2) Before making an intervention order with the
consent of the parties to the proceeding, the
court may conduct a hearing in relation to
20 the particulars of the complaint if it is of the
opinion that the interests of justice require it
to do so.".
8. New section 25AB inserted
After section 25A of the Crimes (Family
25 Violence) Act 1987 insert--
"25AB. Validation of certain orders
(1) An order made under this Act before the
commencement of the Crimes (Stalking
and Family Violence) Act 2003 with the
30 consent of all the parties to the proceeding is
not, and must be taken never to have been,
invalid only because it was made without the
court being satisfied as to any matter referred
6
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Crimes (Stalking and Family Violence) Act 2003
Act No.
Part 3--Amendment of Crimes (Family Violence) Act 1987
s. 9
to in section 4(1) of this Act or section
21A(5) of the Crimes Act 1958.
(2) Nothing in this section affects the rights of
the parties--
5 (a) in the proceeding known as Stephens v
Melis and The Magistrates Court at
Moe (No. 8432 of 2001) in the Supreme
Court; or
(b) in any proceeding for breach of an
10 intervention order that was dismissed
before the commencement of the
Crimes (Stalking and Family
Violence) Act 2003 on the ground that
the order was invalid because it was
15 made without the court being satisfied
as to any matter referred to in
section 4(1) of this Act or section
21A(5) of the Crimes Act 1958.".
9. Supreme Court--limitation of jurisdiction
20 In section 25B of the Crimes (Family Violence)
Act 1987, at the end of the section insert--
"(2) It is the intention of section 25AB(1) to alter
or vary section 85 of the Constitution Act
1975.".
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Crimes (Stalking and Family Violence) Act 2003
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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