Criminal Law Consolidation (Stalking and Harassment) Amendment Bill 2025 (SA)

South Australia Criminal Law Consolidation (Stalking and Harassment) Amendment Bill 2024 A Bill For An Act to amend the Criminal Law Consolidation Act 1935 and to make related amendments to the Evidence Act 1929, the Intervention Orders (Prevention of Abuse) Act 2009, the Sentencing Act 2017 and the Summary Offences Act 1953.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Criminal Law Consolidation Act 1935 3 Amendment of heading to Part 3 Division 5 4 Amendment of section 19AA—Unlawful stalking Schedule 1—Related amendments Part 1—Amendment of Evidence Act 1929 1 Amendment of section 4—Interpretation 2 Amendment of section 67H—Meaning of sensitive material Part 2—Amendment of Intervention Orders (Prevention of Abuse) Act 2009 3 Amendment of section 21—Preliminary hearing and issue of interim intervention order Part 3—Amendment of Sentencing Act 2017 4 Amendment of section 81—Intensive correction orders Part 4—Amendment of Summary Offences Act 1953 5 Amendment of section 74EA—Application and interpretation

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Criminal Law Consolidation (Stalking and Harassment) Amendment Act 2024. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Criminal Law Consolidation Act 1935 3—Amendment of heading to Part 3 Division 5 Heading to Part 3, Division 5—after "Stalking" insert: and harassment 4—Amendment of section 19AA—Unlawful stalking (1) Section 19AA, heading—delete "Unlawful stalking" and substitute: Stalking and harassment (2) Section 19AA(1)—delete "stalks another" and substitute: is guilty of stalking and harassment of another person (3) Section 19AA(1)(a)(iva)—delete "by means of the internet or some other form of electronic communication" (4) Section 19AA(1)(a)—after subparagraph (iva) insert: (ivaa) publishes or transmits material that appears to have been prepared, published, transmitted or authorised by the other person in a manner that could reasonably be expected to arouse apprehension or fear in the other person; or (5) Section 19AA(1)(a)(ivb)—delete "by way of mail, telephone (including associated technology), facsimile transmission or the internet or some other form of electronic communication" (6) Section 19AA(1)(a)(v)—delete subparagraph (v) and substitute: (v) monitors, tracks or surveils the other person, or the person's movements, activities or associations; or Examples— A person may monitor, track or surveil another person by— • using a tracking device or drone to track the other person's movements • accessing the other person's call history, internet browser history, messages or other history or communications • accessing or monitoring the other person's social media account, email account or other online account. (7) Section 19AA(1)(b)(i)—delete "serious" (8) Section 19AA(1)(b)—after subparagraph (ii) insert: ; or (iii) ought reasonably to have known that— (A) physical or mental harm would be caused to the other person or a third person; or (B) serious apprehension or fear would be caused. (9) Section 19AA(1)—at the foot of subsection (1) insert: Maximum penalty: (a) for a basic offence—imprisonment for 3 years; (b) for an aggravated offence—imprisonment for 5 years. (10) Section 19AA(2)—delete subsection (2) and substitute: (2) For the purposes of subsection (1), a reference to conduct set out in paragraph (a)(iv) to (vi) (inclusive) will be taken to include, without limitation, conduct that is engaged in or undertaken— (a) by way of the internet or any other form of electronic communication or technology; or (b) by way of a social media platform or any other online platform or network; or (c) by way of telephone, email, fax or any other associated technology; or (d) by way of mail or any other analogue manner of communication; or (e) in person. (2a) It is a defence to a charge of an offence against subsection (1) if the defendant proves that the conduct allegedly constituting the offence was engaged in with lawful authority. (11) Section 19AA(3)—after "stalking" wherever occurring insert: and harassment (12) Section 19AA(4)—after "stalking" insert: and harassment (13) Section 19AA(5)—after "stalking" wherever occurring insert: and harassment