Crimes (Stalking) Act 2003
| ts | Act No. 105/2003 |
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| m | TABLE OF PROVISIONS |
| u | Section | Page |
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| o | PART 1—PRELIMINARY | 1 |
| D |
1. Purpose 1
| ry | 2. | Commencement | 2 |
| ta | PART 2—AMENDMENT OF CRIMES ACT 1958 | 3 |
| n | 3. | Cyberstalking | 3 |
| e | 4. | Removal of requirement as to actual effect of stalking | 4 |
| m | 5. | Extra-territorial operation of offence | 5 |
| ia | 6. | New section 598 inserted | 5 |
| rl | 598. | Transitional provision—Crimes (Stalking) Act 2003 | 5 |
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| P | ENDNOTES | 6 |
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| o | Victoria |
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| n | No. 105 of 2003 |
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| rl | Crimes (Stalking) Act 2003† |
| a | [Assented to 9 December 2003] |
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| n | The Parliament of Victoria enacts as follows: |
| o | |
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| la | PART 1—PRELIMINARY |
| is | |
| g | 1. Purpose |
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| L | The purpose of this Act is to amend the Crimes Act 1958 with respect to the offence of stalking to |
| n | ensure that the offence— |
| a | |
| ri | (a) covers cyberstalking; and |
| to | (b) no longer requires proof as to the actual |
| ic | effect on the victim of the course of conduct |
| V | engaged in by the offender where the offender intended to cause harm or arouse Crimes (Stalking) Act 2003 |
Act No. 105/2003
Part 1—Preliminary
s. 2
apprehension or fear or knew that engaging in a course of conduct of that kind would be likely to cause harm or arouse apprehension
| ts | or fear; and |
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| e | (c) has extra-territorial operation. |
| m | 2. Commencement |
| u | |
| c | This Act comes into operation on the day after the |
| o | day on which it receives the Royal Assent. |
| D | __________________ |
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Crimes (Stalking) Act 2003
Act No. 105/2003
Part 2—Amendment of Crimes Act 1958
s. 3
PART 2—AMENDMENT OF CRIMES ACT 1958
| ts | 3. Cyberstalking |
| n | See: |
(1) In section 21A(2) of the Crimes Act 1958, for
| e | Act No. |
paragraph (b) substitute— 6231/1958.
| m | Reprint No. 16 |
| u | "(b) contacting the victim or any other person by | as at |
| 1 January | ||
| c | post, telephone, fax, text message, e-mail or | 2002 |
| o | other electronic communication or by any | and |
| D | amending | |
| other means whatsoever; | Act Nos | |
| ry | 45/2001, |
(ba) publishing on the Internet or by an e-mail or 11/2002,
| ta | other electronic communication to any | 16/2002 and 35/2002. |
| n | person a statement or other material— | LawToday: |
| e | (i) relating to the victim or any other | dpc.vic. gov.au |
| m | person; or |
| ia | |
| rl | (ii) purporting to relate to, or to originate |
from, the victim or any other person;
a
| P | (bb) causing an unauthorised computer function |
(within the meaning of Subdivision (6) of
d
| n | Division 3) in a computer owned or used by |
| a | the victim or any other person; |
| n | (bc) tracing the victim's or any other person's use |
| o | of the Internet or of e-mail or other |
| ti | electronic communications;". |
| la | (2) After section 21A(4) of the Crimes Act 1958 |
| is | insert— |
| g | |
| e | "(4A) In a proceeding for an offence against sub- |
| L | section (1) it is a defence to the charge for |
| n | the accused to prove that the course of |
| a | |
| ri | conduct was engaged in without malice— |
(a) in the normal course of a lawful
| to | business, trade, profession or enterprise |
| ic | (including that of any body or person |
| V | whose business, or whose principal business, is the publication, or |
Crimes (Stalking) Act 2003
Act No. 105/2003
Part 2—Amendment of Crimes Act 1958
s. 4
arranging for the publication, of news
or current affairs material); or
| ts | (b) | for the purpose of an industrial dispute; |
| n | or |
| e | (c) for the purpose of engaging in political |
| m | activities or discussion or |
| u | communicating with respect to public |
| c | affairs.". |
| o | |
| D | 4. Removal of requirement as to actual effect of |
| ry | stalking |
| ta | (1) In section 21A(2) of the Crimes Act 1958, omit |
"and the course of conduct engaged in actually did
n
| e | have that result". |
(2) For section 21A(3) of the Crimes Act 1958
m
substitute—
ia
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"(3) For the purposes of this section an offender
| a | also has the intention to cause physical or |
| P | mental harm to the victim or to arouse |
| d | apprehension or fear in the victim for his or |
| n | her own safety or that of any other person |
| a | if— |
| n | (a) the offender knows that engaging in a |
| o | |
| ti | course of conduct of that kind would be |
| la | likely to cause such harm or arouse |
| is | such apprehension or fear; or |
(b) the offender in all the particular
g
| e | circumstances ought to have understood |
| L | that engaging in a course of conduct of |
| n | that kind would be likely to cause such |
| a | harm or arouse such apprehension or |
| ri | fear and it actually did have that |
| to | result.". |
| ic | |
| V |
Crimes (Stalking) Act 2003
Act No. 105/2003
Part 2—Amendment of Crimes Act 1958
s. 5
5. Extra-territorial operation of offence
In section 21A of the Crimes Act 1958, at the end
| ts | of the section insert— |
| n | "(6) It is immaterial that some or all of the course |
| e | of conduct constituting an offence against |
| m | sub-section (1) occurred outside Victoria, so |
| u | long as the victim was in Victoria at the time |
| c | at which that conduct occurred. |
| o | |
| D | (7) It is immaterial that the victim was outside Victoria at the time at which some or all of |
| ry | the course of conduct constituting an offence |
| ta | against sub-section (1) occurred, so long as |
| n | that conduct occurred in Victoria.". |
| e | 6. New section 598 inserted |
| m | |
| ia | At the end of Part VII of the Crimes Act 1958 |
| rl | insert— |
| a | "598. Transitional provision—Crimes (Stalking) |
| P | Act 2003 |
| d | (1) The amendments of section 21A of this Act |
| n | |
| a | made by Part 2 of the Crimes (Stalking) Act 2003 apply to offences alleged to have been |
| n | committed on or after the commencement of |
| o | |
| ti | that Act. |
| la | (2) For the purposes of sub-section (1), if an |
| is | offence is alleged to have been committed |
| g | between two dates, one before and one after |
| e | the commencement of the Crimes (Stalking) |
| L | Act 2003, the offence is alleged to have been |
| n | committed before that commencement. |
| a | |
| ri | (3) The amendments of section 21A of this Act |
made by Part 2 of the Crimes (Stalking) Act
| to | 2003 do not affect the rights of the parties in |
| ic | the proceeding known as DPP v Sutcliffe |
| V | (No. 6562 of 2000) in the Supreme Court.". |
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Crimes (Stalking) Act 2003
Act No. 105/2003
Endnotes
ENDNOTES
| ts | † |
Minister's second reading speech—
| n | Legislative Assembly: 27 March 2003 |
| e | |
| Legislative Council: 19 November 2003 | |
| m | |
| u | The long title for the Bill for this Act was "to amend the Crimes Act |
| c | 1958 with respect to the offence of stalking and for other purposes." |
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