Crimes (Stalking) Act 2003

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