CRIMINAL CODE 1899 - SECT 359F
Court may restrain unlawful stalking, intimidation, harassment or abuse
CRIMINAL CODE 1899 - SECT 359F
Court may restrain unlawful stalking, intimidation, harassment or abuse
359F Court may restrain unlawful stalking, intimidation, harassment or abuse
(1) This section applies on the hearing before a court of a charge against a
person of unlawful stalking, intimidation, harassment or abuse.
(2) Whether
the person is found guilty or not guilty or the prosecution ends in another
way, if the presiding judge or magistrate considers it desirable, the judge or
magistrate may constitute the court to consider whether a restraining order
should be made against the person.
(3) The judge or magistrate may act under
subsection (2) on application by the Crown or an interested person or on the
judge’s or magistrate’s own initiative.
(4) Also, if the
restraining order proceeding is started before the Supreme Court or the
District Court, the court may order the proceeding to be transferred to a
Magistrates Court.
(5) If a court makes an order under subsection (4) , the
registrar of the court must send to the clerk of the relevant Magistrates
Court a copy of the order and the record of proceedings of the hearing of the
charge and any application mentioned in subsection (3) .
(6) The court
hearing the restraining order proceeding may make a restraining order against
the person in relation to any person or any property if it considers it
desirable to do so having regard to the evidence given at the hearing of the
charge and any application under subsection (3) and any further evidence the
court may admit.
(7) A restraining order takes effect on the day it is made
and continues in force until—
(b) if no day is stated, the day that is 5 years after
the day the restraining order is made.
(8) The court may order that a
restraining order continues in force for a period of less than 5 years only if
the court is satisfied that the safety of a person in relation to whom the
restraining order is made is not compromised by the shorter period.
(9) A
restraining order may be varied or revoked at any time by the court, and, if
the order provides, by another court.
(10) A person who knowingly contravenes
a restraining order commits an offence.
Penalty—
Maximum penalty—120
penalty units or 3 years imprisonment.
(11) However, if the person has been
convicted of a domestic violence offence in the 5 years before the
contravention, the person is guilty of a misdemeanour and is liable to a fine
of 240 penalty units or imprisonment for 5 years.
(12) A restraining order
may be made against a person whether or not another order is made against the
person in the proceeding for the charge.
"restraining order" against a person means any order considered appropriate
for the purpose of prohibiting particular conduct, including, for example,
contact for a stated period by the person with a stated person or the property
of a stated person.
"restraining order proceeding" means a proceeding started under subsection (2)
.