Criminal Law Amendment Bill 1993 (Qld)

Queensland

CRIMINAL LAW AMENDMENT BILL 1993

CRIMINAL LAW AMENDMENT BILL TABLE OF PROVISIONS Section Page 1 Short title 2.2... eee eee 4 2 Amended Code... 0.2... cece eee eee 4 3 Insertion of new ss.359A and 359B..... 2... cee eee ee 4 359A Unlawful stalking........... 0. 0c eee eee 4

359B Summary proceedings for unlawful stalking ................... 6

A BILL

FOR

An Act to amend the Criminal Code

Criminal Law Amendment

The Parliament of Queensland enacts—

Short title Clause1. This Act may be cited as the Criminal Law Amendment Act 1993.

Amended Code

Clause2. The Criminal Code is amended as set out in this Act.

Insertion of new ss.359A and 359B Clause3. After section 359— insert— 'Unlawful stalking °359A.(1) A person must not unlawfully stalk another person.

'(2) A person (the "offender") unlawfully stalks another person (the "victim") if— (a) the offender engages in a course of conduct involving doing a

concerning act on at least 2 separate occasions to another person or other persons (whether the victim, another or others); and

(b) the offender intends that the victim be aware that the course of conduct is directed at the victim, even if the concerning acts or particular concerning acts are done to, or to the property of, a person other than the victim; and

(c) the victim is aware that the course of conduct is directed at the victim; and

(d) the course of conduct would cause a reasonable person in the victim's circumstances serious concern that an offensive act (a "concerning offensive act") may happen.

'(3) For the purpose of subsection (2)(d), the victim's circumstances are those known or foreseen by the offender and those reasonably foreseeable

by the offender.

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'(4) It is a defence to a charge under this section to prove that the course of conduct was engaged in for the purposes of a genuine—