Criminal Code Act 1899

Unlawful stalking, intimidation, harassment or abuse is conduct—

intentionally directed at a person (the stalked person); and

engaged in on any 1 occasion if the conduct is protracted or on more than 1 occasion; and

consisting of 1 or more acts of the following, or a similar, type—

following, loitering near, watching or approaching a person;

contacting a person in any way, including, for example, using any technology and over any distance;Examples of ways of contacting a person, including using technology—by telephone, mail, fax, SMS message, email, an app on a computer, smart phone or other electronic device, or an online social network

loitering near, watching, approaching or entering a place where a person lives, works or visits;

monitoring, tracking or surveilling a person’s movements, activities or interpersonal associations without the person’s consent, including, for example, using technology;Examples of monitoring, tracking or surveilling using technology—

• using a tracking device or drone to track a person’s movements

• checking the recorded history in a person’s digital device

• reading a person’s SMS messages

• monitoring a person’s email account or internet browser history

• monitoring a person’s account with a social media platform or online social network

leaving offensive material where it will be found by, given to or brought to the attention of, a person;

publishing offensive material on a website, social media platform or online social network in a way that will be found by, or brought to the attention of, a person;

giving offensive material to a person, directly or indirectly, including by using a website, social media platform or online social network;

an intimidating, harassing, threatening, humiliating or abusive act against a person, whether or not involving violence or a threat of violence;Example—publishing a person’s personal information, including, for example, the person’s home address or phone number, on a website

an act of violence, or a threat of violence, against, or against property of, anyone, including the defendant; and

that—

would cause the stalked person apprehension or fear, reasonably arising in all the circumstances, of violence to, or against property of, the stalked person or another person; or

causes detriment, reasonably arising in all the circumstances, to the stalked person or another person.

sch 1 pt 5 ch 33A s 359B prev s 359B ins 1993 No. 65 s 3