Victorian Consolidated Legislation

Stalking Intervention Orders Act 2008 - SECT 7

PART 2 INTERVENTION ORDERS

Final orders

7. Final orders



(1) The court may make a final order in respect of a respondent if satisfied
on the balance of probabilities that the respondent has stalked another person
and is likely to continue to do so or to do so again.

(2) The order may impose on the respondent any restrictions or prohibitions
that appear to the court to be necessary or desirable in the circumstances.

(3) A final order may be made in respect of more than one affected person if
the court is satisfied in accordance with subsection (1) in respect of each
affected person.

(4) Despite subsection (1), the court must not make a final order if satisfied
on the balance of probabilities that the respondent engaged in the course of
conduct without malice-

   (a)  in the normal course of a lawful business, trade, profession or
        enterprise (including that of any body or person whose business, or
        whose principal business, is the publication, or arranging for the
        publication, of news or current affairs material); or

   (b)  for the purpose of an industrial dispute; or

   (c)  for the purpose of engaging in political activities or discussion or
        communicating with respect to public affairs.

(5) It is immaterial that some or all of the course of conduct constituting
grounds for making an order under subsection (1) occurred outside Victoria, so
long as the affected person was in Victoria at the time at which that conduct
occurred.

(6) It is immaterial that the affected person was outside Victoria at the time
at which some or all of the course of conduct constituting grounds for making
an order under subsection (1) occurred, so long as that conduct occurred in
Victoria.