Criminal Code Amendment (Bullying) Act 2019
An Act to amend the Criminal Code Act 1924 , the Community Protection (Offender Reporting) Act 2005 , the Family Violence Act 2004 and the Justices Act 1959
Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Criminal Code Amendment (Bullying) Act 2019 .
This Act commences on the day on which this Act receives the Royal Assent.
PART 2 - Criminal Code Act 1924 Amended
In this Part, the Criminal Code Act 1924 is referred to as the Principal Act.
4. Schedule 1 amended (Criminal Code)
Schedule 1 to the Principal Act is amended as follows:(a) by inserting in the heading to Chapter XX of Part V "and Bullying" after "Stalking";(b) by omitting from section 192(1) "harm" and substituting "harm, including self-harm, or extreme humiliation";(c) by inserting the following paragraphs after paragraph (e) in section 192(1) :(ea) making threats to the other person or a third person;(eb) directing abusive or offensive acts towards the other person or a third person;(d) by inserting in section 192(1)(j) "physical or mental harm, including self-harm, or extreme humiliation or" after "person";(e) by omitting the charge from section 192(1) and substituting the following:Charge: Stalking and bullying.(f) by omitting from section 192(3) "harm" first occurring and substituting "harm, including self-harm, or extreme humiliation";(g) by omitting from section 192(3) "harm" second occurring and substituting "harm, including self-harm, or extreme humiliation";(h) by inserting the following subsections after subsection (4) in section 192 :(5) A reference in this section to mental harm includes a reference to suicidal thoughts.(6) A prosecution under this section must not be commenced without the consent of the Director of Public Prosecutions.(i) by inserting the following section after section 461 :462. Application of Criminal Code Amendment (Bullying) Act 2019
(1) The amendments to this Act made by the Criminal Code Amendment (Bullying) Act 2019 do not apply in relation to an offence committed before the day on which the amendments commence.(2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one after the commencement of the Criminal Code Amendment (Bullying) Act 2019 , the offence is alleged to have been committed before that commencement.(j) by omittingfrom Appendix A and substituting the following item:
Stalking.
Stalking and bullying.
PART 3 - Community Protection (Offender Reporting) Act 2005 Amended
In this Part, the Community Protection (Offender Reporting) Act 2005 is referred to as the Principal Act.
6. Schedule 2 amended (Class 2 offences)
Schedule 2 to the Principal Act is amended by omittingand substituting:
Stalking
Stalking and bullying
7. Schedule 3 amended (Class 3 offences)
Schedule 3 to the Principal Act is amended by omittingand substituting:
Stalking (if the person against whom the offence is committed is a child)
Stalking and bullying (if the person against whom the offence is committed is a child)
PART 4 - Family Violence Act 2004 Amended
In this Part, the Family Violence Act 2004 is referred to as the Principal Act.
9. Section 7 amended (Family violence)
Section 7 of the Principal Act is amended by inserting "and bullying" after "stalking" in paragraph (a)(iv) of the definition of family violence .
PART 5 - Justices Act 1959 Amended
In this Part, the Justices Act 1959 is referred to as the Principal Act.
11. Schedule 3 amended
Schedule 3 to the Principal Act is amended by omitting " 137 , 192 " from clause 1 of Part I and substituting "137".
PART 6 - Repeal of Act
This Act is repealed on the first anniversary of the day on which it commenced.
[Second reading presentation speech made in:
House of Assembly on 6 AUGUST 2019
Legislative Council on 18 SEPTEMBER 2019]