COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 85L

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 85L

85L .         Conduct intended to incite animosity towards or harassment of identified offenders

        (1)         In this section —

        animosity towards means hatred of or serious contempt for;

        harassment includes threat, serious and substantial abuse and severe ridicule;

        identified offender means —

            (a)         a person whose personal details are published by the Commissioner under section 85F; or

            (b)         a person whose photograph and locality are published by the Commissioner under section 85G; or

            (c)         a person in relation to whom the Commissioner provides the information under section 85J that the person is a reportable offender;

        public place includes —

            (a)         a place to which the public, or any section of the public, has or is permitted to have access, whether on payment or otherwise; and

            (b)         a privately owned place to which the public has access with the express or implied approval of, or without interference from, the owner, occupier or person who has the control or management of the place; and

            (c)         a school, university or other place of education, other than a part of it to which neither students nor the public usually have access.

        (2)         A reference in subsection (4) or (6) to conduct includes a reference to conduct occurring on a number of occasions over a period of time.

        (3)         For the purposes of subsection (4) or (6), conduct is taken not to occur in private if it —

            (a)         consists of any form of communication with the public or a section of the public; or

            (b)         occurs in a public place or in sight or hearing of people who are in a public place.

        (4)         A person must not engage in any conduct, otherwise than in private, by which the person intends to create, promote or increase animosity towards, or harassment of, a person as an identified offender.

        Penalty: imprisonment for 10 years.

        (5)         An offence under subsection (4) is a crime.

        (6)         A person must not engage in any conduct, otherwise than in private, that is likely to create, promote or increase animosity towards, or harassment of, a person as an identified offender.

        Penalty: imprisonment for 2 years.

        [Section 85L inserted: No. 1 of 2012 s. 5.]