Criminal Code Amendment (Stalking) Act 1999 (TAS)

Criminal Code Amendment (Stalking) Act 1999

An Act to amend the Criminal Code Act 1924

[Royal Assent 24 November 1999]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Criminal Code Amendment (Stalking) Act 1999 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Schedule 1 to Criminal Code Act 1924 amendedSchedule 1 to the Criminal Code Act 1924 is amended by repealing section 192 and substituting the following section: 192Stalking (1)  A person is guilty of a crime if that person, with the intention of causing another person physical or mental harm, apprehension or fear – (a) follows the other person or a third person; or (b) loiters outside the residence of the other person or a third person or another place frequented by the other person or third person; or (c) enters, or interferes with, property of the other person or a third person; or (d) keeps the other person or a third person under surveillance; or (e) gives offensive material to, or leaves offensive material where it is likely to be found by, given to or brought to the attention of, the other person or a third person; or (f) acts in any other way that could reasonably be expected to arouse the other person’s apprehension or fear. Charge:  Stalking. (2)  A person who engages in conduct of a kind referred to in subsection (1) and so causes physical or mental harm, apprehension or fear in another person is taken to have the intention required by subsection (1) if that person knows, or ought to have known, that engaging in that conduct would or would be likely to cause the other person physical or mental harm, apprehension or fear. (3)  Subsection (2) does not apply in respect of a person who engages in conduct of a kind referred to in subsection (1) in the course of performing his or her official duties for the purposes of – (a) the enforcement of the criminal law; or (b) the administration of an Act; or (c) the enforcement of a law imposing a pecuniary penalty; or (d) the execution of a warrant; or (e) the protection of the public revenue.

[Second reading presentation speech made in:

House of Assembly on 5 OCTOBER 1999

Legislative Council on 27 OCTOBER 1999]