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This is a Bill, not an Act. For current law, see the Acts databases.


CRIMINAL CODE (STALKING) AMENDMENT BILL 1999

       Queensland




    CRIMINAL CODE
(STALKING) AMENDMENT
       BILL 1999

 


 

 

Queensland CRIMINAL CODE (STALKING) AMENDMENT BILL 1999 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 2--AMENDMENT OF CRIMINAL CODE 2 Code amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 Replacement of s 359A (Unlawful stalking) . . . . . . . . . . . . . . . . . . . . . . . . . 5 CHAPTER 33A--UNLAWFUL STALKING 359A Definitions for ch 33A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 359B What is unlawful stalking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 359C What is immaterial for unlawful stalking . . . . . . . . . . . . . . . . . . . . . 8 359D Particular conduct that is not unlawful stalking . . . . . . . . . . . . . . . . 8 359E Punishment of unlawful stalking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 359F Court may restrain unlawful stalking . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 Insertion of new ch and pt headings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Insertion of new ch 72 pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 2--TRANSITIONAL PROVISION FOR THE CRIMINAL CODE (STALKING) AMENDMENT ACT 1999 709 Transitional--Criminal Code (Stalking) Amendment Act 1999 . . . 11 PART 3--MISCELLANEOUS 6 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 12 MINOR CONSEQUENTIAL AMENDMENTS TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

 


 

2 Criminal Code (Stalking) Amendment TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

 


 

1999 A BILL FOR An Act to amend the Criminal Code, and for other purposes

 


 

s1 4 s3 Criminal Code (Stalking) Amendment The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short 1. This Act may be cited as the Criminal Code (Stalking) Amendment Act 4 1999. 5 PART 2--AMENDMENT OF CRIMINAL CODE 6 amended in pt 2 7 Code 2. This part amends the Criminal Code. 8 of s 359A (Unlawful stalking) 9 Replacement 3. Section 359A-- 10 omit, insert-- 11 `CHAPTER 33A--UNLAWFUL STALKING 12 for ch 33A 13 `Definitions `359A. In this chapter-- 14 "circumstances" means the following circumstances-- 15 (a) the alleged stalker's circumstances; 16 (b) the circumstances of the stalked person known, foreseen or 17 reasonably foreseeable by the alleged stalker; 18 (c) the circumstances surrounding the unlawful stalking; 19 (d) any other relevant circumstances. 20 "detriment" includes the following-- 21

 


 

s3 5 s3 Criminal Code (Stalking) Amendment (a) apprehension or fear of violence to, or against property of, the 1 stalked person or another person; 2 (b) serious mental, psychological or emotional harm; 3 (c) prevention or hindrance from doing an act a person is lawfully 4 entitled to do; 5 (d) compulsion to do an act a person is lawfully entitled to abstain 6 from doing. 7 8 Examples of paragraph (c)-- 9 A person no longer walks outside the person's place of residence or employment. 10 A person significantly changes the route or form of transport the person would 11 ordinarily use to travel to work or other places. 12 Example of paragraph (d)-- 13 A person sells a property the person would not otherwise sell. "property", of a person, means-- 14 (a) property in which the person has an interest,1 whether or not the 15 defendant also has an interest in the property; or 16 (b) property that is otherwise-- 17 (i) used and enjoyed by the person; or 18 (ii) available for the person's use or enjoyment; or 19 (iii) in the person's care or custody; or 20 (iv) at the premises at which the person is residing. 21 "stalked person" see section 359B. 22 "unlawful stalking" see section 359B. 23 1 The Acts Interpretation Act 1954, section 36 defines "interest", in relation to land or other property, as meaning-- `(a) a legal or equitable estate in the land or other property; or (b) a right, power or privilege over, or in relation to, the land or other property.'.

 


 

s3 6 s3 Criminal Code (Stalking) Amendment "violence"-- 1 (a) does not include any force or impact within the limits of what is 2 acceptable as incidental to social interaction or to life in the 3 community; and 4 (b) against a person includes an act depriving a person of liberty; and 5 (c) against property includes an act of damaging, destroying, 6 removing, using or interfering with the property. 7 is unlawful stalking 8 `What `359B. "Unlawful stalking" is conduct-- 9 (a) intentionally directed at a person (the "stalked person"); and 10 (b) engaged in on any 1 occasion if the conduct is protracted or on 11 more than 1 occasion; and 12 (c) consisting of 1 or more acts of the following, or a similar, type-- 13 (i) following, loitering near, watching or approaching a person; 14 (ii) contacting a person in any way, including, for example, by 15 telephone, mail, fax, e-mail or through the use of any 16 technology; 17 (iii) loitering near, watching, approaching or entering a place 18 where a person lives, works or visits; 19 (iv) leaving offensive material where it will be found by, given to 20 or brought to the attention of, a person; 21 (v) giving offensive material to a person, directly or indirectly; 22 (vi) an intimidating, harassing or threatening act against a person, 23 whether or not involving violence or a threat of violence; 24 (vii) an act of violence, or a threat of violence, against, or against 25 property of, anyone, including the defendant; and 26 (d) that-- 27 (i) would cause the stalked person apprehension or fear, 28 reasonably arising in all the circumstances, of violence to, or 29 against property of, the stalked person or another person; or 30

 


 

s3 7 s3 Criminal Code (Stalking) Amendment (ii) causes detriment, reasonably arising in all the circumstances, 1 to the stalked person or another person. 2 is immaterial for unlawful stalking 3 `What `359C.(1) For section 359B(a), it is immaterial whether the person doing 4 the unlawful stalking-- 5 (a) intends that the stalked person be aware the conduct is directed at 6 the stalked person; or 7 (b) has a mistaken belief about the identity of the person at whom the 8 conduct is intentionally directed. 9 `(2) For section 359B(a) and (c), it is immaterial whether the conduct 10 directed at the stalked person consists of conduct carried out in relation to 11 another person or property of another person. 12 `(3) For section 359B(b), it is immaterial whether the conduct throughout 13 the occasion on which the conduct is protracted, or the conduct on each of a 14 number of occasions, consists of the same or different acts. 15 `(4) For section 359B(d), it is immaterial whether the person doing the 16 unlawful stalking intended to cause the apprehension or fear, or the 17 detriment, mentioned in the section. 18 `(5) For section 359B(d)(i), it is immaterial whether the apprehension or 19 fear, or the violence, mentioned in the section is actually caused. 20 conduct that is not unlawful stalking 21 `Particular `359D. "Unlawful stalking" does not include the following acts-- 22 (a) acts done in the execution of a law or administration of an Act or 23 for a purpose authorised by an Act; 24 (b) acts done for the purposes of a genuine industrial dispute; 25 (c) acts done for the purposes of a genuine political or other genuine 26 public dispute or issue carried on in the public interest; 27 (d) reasonable conduct engaged in by a person for the person's 28 lawful trade, business or occupation; 29

 


 

s3 8 s3 Criminal Code (Stalking) Amendment (e) reasonable conduct engaged in by a person to obtain or give 1 information that the person has a legitimate interest in obtaining 2 or giving. 3 of unlawful stalking 4 `Punishment `359E.(1) A person who unlawfully stalks another person is guilty of a 5 crime. 6 `(2) A person who commits the crime of unlawful stalking is liable to a 7 maximum penalty of imprisonment for 5 years. 8 `(3) However, a person is liable to a maximum penalty of imprisonment 9 for 7 years if, for any of the acts constituting the unlawful stalking, the 10 person-- 11 (a) uses or intentionally threatens to use, violence against anyone or 12 anyone's property; or 13 (b) possesses a weapon within the meaning of the Weapons Act 14 1990; or 15 (c) contravenes or intentionally threatens to contravene an injunction 16 or order imposed or made by a court or tribunal under a law of 17 the Commonwealth or a State. 18 may restrain unlawful stalking 19 `Court `359F.(1) This section applies on the hearing before a court of a charge 20 against a person of unlawful stalking. 21 `(2) Whether the person is found guilty or not guilty or the prosecution 22 ends in another way, if the presiding judge or magistrate considers it 23 desirable, the judge or magistrate may constitute the court to consider 24 whether a restraining order should be made against the person. 25 `(3) The judge or magistrate may act under subsection (2) on application 26 by the Crown or an interested person or on the judge's or magistrate's own 27 initiative. 28 `(4) Also, if the restraining order proceeding is started before the 29 Supreme Court or the District Court, the court may order the proceeding to 30 be transferred to a Magistrates Court. 31

 


 

s4 9 s4 Criminal Code (Stalking) Amendment `(5) If a court makes an order under subsection (4), the registrar of the 1 court must send to the clerk of the relevant Magistrates Court a copy of the 2 order and the record of proceedings of the hearing of the charge and any 3 application mentioned in subsection (3). 4 `(6) The court hearing the restraining order proceeding may make a 5 restraining order against the person in relation to any person or any property 6 if it considers it desirable to do so having regard to the evidence given at the 7 hearing of the charge and any application under subsection (3) and any 8 further evidence the court may admit. 9 `(7) A restraining order may be varied or revoked at any time by the 10 court, and, if the order provides, by another court. 11 `(8) A person who knowingly contravenes a restraining order commits 12 an offence. 13 Maximum penalty--40 penalty units or 1 year's imprisonment. 14 `(9) A restraining order may be made against a person whether or not 15 another order is made against the person in the proceeding for the charge. 16 `(10) A restraining order proceeding is not a criminal proceeding. 17 `(11) A question of fact for a decision under subsection (2) and in a 18 restraining order proceeding must be decided on the balance of probabilities. 19 `(12) In this section-- 20 "charge" means the charge of unlawful stalking mentioned in 21 subsection (1). 22 "restraining order" against a person means any order considered 23 appropriate for the purpose of prohibiting particular conduct, including, 24 for example, contact for a stated period by the person with a stated 25 person or the property of a stated person. 26 "restraining order proceeding" means a proceeding started under 27 subsection (2).'. 28 of new ch and pt headings 29 Insertion 4. After section 707-- 30 insert-- 31

 


 

s5 10 s6 Criminal Code (Stalking) Amendment `CHAPTER 72--TRANSITIONAL PROVISIONS 1 `PART 1--TRANSITIONAL PROVISION FOR THE 2 COURTS REFORM AMENDMENT ACT 1997'. 3 of new ch 72 pt 2 4 Insertion 5. After section 708-- 5 insert-- 6 ART 2--TRANSITIONAL PROVISION FOR THE 7 `P CRIMINAL CODE (STALKING) AMENDMENT ACT 8 1999 9 Code (Stalking) Amendment Act 1999 10 `Transitional--Criminal `709. On a charge of unlawful stalking committed after the 11 commencement of the Criminal Code (Stalking) Amendment Act 1999 (the 12 "commencement"), evidence of an act described in section 359B(c) done 13 before the commencement may be admitted for the purpose of deciding 14 whether an act done after the commencement constituted unlawful 15 stalking.'. 16 ART 3--MISCELLANEOUS 17 P amended in schedule 18 Acts 6. The schedule amends the Acts it mentions. 19

 


 

11 Criminal Code (Stalking) Amendment CHEDULE 1 S MINOR CONSEQUENTIAL AMENDMENTS 2 section 6 3 RANSPORT OPERATIONS (PASSENGER 4 T TRANSPORT) ACT 1994 5 1. Schedule 1, part 1-- 6 insert-- 7 `11A. Section 359E (Punishment of unlawful stalking)'. 8 TRANSPORT OPERATIONS (ROAD USE 9 MANAGEMENT) ACT 1995 10 1. Schedule 1, part 1-- 11 insert-- 12 `9A. Section 359E (Punishment of unlawful stalking)'. 13 14 State of Queensland 1999

 


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