Criminal Code Amendment (Stalking) Act 1999 (TAS)

The case of the Criminal Code Amendment (Stalking) Act 1999 (TAS) was brought before the Tasmanian Parliament with the intent to amend the Criminal Code Act 1924. The proposed amendment was to introduce a new offence of stalking, which involved a series of actions with the intention of causing physical or mental harm, apprehension or fear to another person. The Act was assented to by the Governor of Tasmania and received Royal Assent on 24 November 1999.

The legal issues that the Tasmanian Parliament needed to decide were whether to introduce a new offence of stalking as per the proposed amendment, and if so, what the scope and limitations of such an offence should be. The proposed amendment detailed specific actions that would constitute stalking, such as following another person, loitering outside their residence, entering or interfering with their property, and engaging in surveillance. Additionally, the amendment specified that an individual would be presumed to have the requisite intent if they caused harm, apprehension, or fear, unless they were performing their official duties.

The Tasmanian Parliament deliberated on the proposed amendment and ultimately decided to enact it, reflecting a societal need to address the issue of stalking. The amendment was designed to provide a legal framework to combat stalking by defining it as a criminal offence, thereby allowing for legal recourse for victims. The Act explicitly excluded certain conduct from the definition of stalking if it was performed in the course of official duties, such as law enforcement or public administration.

The final orders of the Tasmanian Parliament were to amend the Criminal Code Act 1924 by repealing the existing section 192 and substituting it with the new section 192, which detailed the offence of stalking. This amendment aimed to provide a comprehensive legal response to the issue of stalking, ensuring that individuals could be held accountable for their actions if they engaged in conduct that caused harm, apprehension, or fear to another person.