Crimes (Domestic and Personal Violence) Amendment Act 2018 No 84

An Act to amend the Crimes (Domestic and Personal Violence) Act 2007 to update the definitions of intimidation and stalking for the purposes of that Act.
2   Commencement
This Act commences on 1 December 2018, or on the date of assent to this Act, whichever occurs later.
[1]   Section 7 Meaning of “intimidation”
Insert “(including cyberbullying)” after “conduct” in section 7 (1) (a).
[2]   Section 7 (1) (a), note
Insert after section 7 (1) (a):
An example of cyberbullying may be the bullying of a person by publication or transmission of offensive material over social media or via email.
[3]   Section 8 Meaning of “stalking”
Omit section 8 (1). Insert instead:
(1)  In this Act, stalking includes the following:
(a)  the following of a person about,
(b)  the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity,
(c)  contacting or otherwise approaching a person using the internet or any other technologically assisted means.
[4]   Schedule 1 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering:
Part Provisions consequent on enactment of Crimes (Domestic and Personal Violence) Amendment Act 2018
Operation of amendments to definitions of “intimidation” and “stalking”
(1)  An application for an apprehended violence order made but not finally determined before the amendment of sections 7 and 8 by the amending Act is to be dealt with as if those sections had not been amended.
(2)  Sections 7 and 8, as amended by the amending Act, extend to the consideration by a court of an application, made after those amendments commence, for the variation or revocation of a final apprehended violence order or interim court order that was in force immediately before the commencement of those amendments.
(3)  In this Part: