STALKING INTERVENTION ORDERS ACT 2008 (NO. 68 OF 2008) - SECT 4 Meaning of stalking
STALKING INTERVENTION ORDERS ACT 2008 (NO. 68 OF 2008) - SECT 4
Meaning of stalking(1) A person (the first person ) stalks another person (the second person ) if the first person engages in a course of conduct—
(a) with the intention of causing physical or mental harm to the second person or of arousing apprehension or fear in the second person for his or her own safety or that of any other person; and
(b) that includes any of the following—
(i) following the second person or any other person;
(ii) contacting the second person or any other person by post, telephone, fax, text message, email or other electronic communication or by any other means whatsoever;
(iii) publishing on the Internet or by an email or other electronic communication to any person a statement or other material—
(A) relating to the second person or any other person; or
(B) purporting to relate to, or to originate from, the second person or any other person;
(iv)
causing an unauthorised computer function (within the meaning of
Subdivision 6 of Division 3 of Part I of the Crimes Act 1958 ) in a computer
owned or used by the second person or any other person;
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(v) tracing the second person's or any other person's use of the Internet or of email or other electronic communications;
(vi) entering or loitering outside or near the second person's or any other person's place of residence or place of business or any other place frequented by the second person or the other person;
(vii) interfering with property in the second person's or any other person's possession (whether or not the first person has an interest in the property);
(viii) giving offensive material to the second person or any other person or leaving it where it will be found by, given to or brought to the attention of, the second person or the other person;
(ix) keeping the second person or any other person under surveillance;
(x) acting in any other way that could reasonably be expected to arouse apprehension or fear in the second person for his or her own safety or that of any other person.
(2) For the purposes of this Act, the first person has the intention to cause physical or mental harm to the second person or to arouse apprehension or fear in the second person for his or her own safety or that of any other person if—
(a) the first person knows that engaging in a course of conduct of that kind would be likely to cause such harm or arouse such apprehension or fear; or
(b) the first person in all the particular circumstances ought to have understood that engaging in a course of conduct of that kind would be likely to cause such harm or arouse such apprehension or fear and it actually did have that result.