CRIMES (STALKING) BILL 2003
This is a Bill, not an Act. For current law, see the Acts databases.
CRIMES (STALKING) BILL 2003
PARLIAMENT OF VICTORIA
Crimes (Stalking) 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) Act 2003 4
ENDNOTES 5
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PARLIAMENT OF VICTORIA
(Crimes (Stalking and Family Violence) Bill--Part A)
(Bill as divided, and considered in Committee)
A BILL
to amend the Crimes Act 1958 with respect to the offence of stalking
and for other purposes.
Crimes (Stalking) Act 2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Crimes
Act 1958 with respect to the offence of stalking to
5 ensure that the offence--
(a) covers cyberstalking; and
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Crimes (Stalking) Act 2003
Act No.
Part 1--Preliminary
s. 2
(b) no longer requires proof as to the actual
effect on the victim of the course of conduct
engaged in by the offender; and
(c) has extra-territorial operation.
5 2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
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Crimes (Stalking) 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) 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)
Act 2003
(1) The amendments of section 21A of this Act
20 made by Part 2 of the Crimes (Stalking) 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)
Act 2003, the offence is alleged to have been
committed before that commencement.
30 (3) The amendments of section 21A of this Act
made by Part 2 of the Crimes (Stalking) Act
2003 do not affect the rights of the parties in
the proceeding known as DPP v Sutcliffe
(No. 6562 of 2000) in the Supreme Court.".
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Crimes (Stalking) Act 2003
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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