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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CRIMINAL CODE AMENDMENT (BULLYING)
BILL 2019
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - CRIMINAL CODE ACT 1924 AMENDED
3. Principal Act
4. Schedule 1 amended (Criminal Code)
PART 3 - COMMUNITY PROTECTION (OFFENDER REPORTING)
ACT 2005 AMENDED
5. Principal Act
6. Schedule 2 amended (Class 2 offences)
7. Schedule 3 amended (Class 3 offences)
PART 4 - FAMILY VIOLENCE ACT 2004 AMENDED
8. Principal Act
9. Section 7 amended (Family violence)
PART 5 - JUSTICES ACT 1959 AMENDED
10. Principal Act
11. Schedule 3 amended
[Bill 5]-VII
PART 6 - REPEAL OF ACT
12. Repeal of Act
2
CRIMINAL CODE AMENDMENT (BULLYING)
BILL 2019
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
6 August 2019
(Brought in by the Minister for Justice, the Honourable Elise
Nicole Archer)
A BILL FOR
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
1. Short title
This Act may be cited as the Criminal Code
Amendment (Bullying) Act 2019.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 5] 3
Criminal Code Amendment (Bullying) Act 2019
Act No. of 2019
s. 3 Part 2 - Criminal Code Act 1924 Amended
PART 2 - CRIMINAL CODE ACT 1924 AMENDED
3. Principal Act
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";
_______________________________________________________________
*No. 69 of 1924
4
Criminal Code Amendment (Bullying) Act 2019
Act No. of 2019
Part 2 - Criminal Code Act 1924 Amended s. 4
(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
5
Criminal Code Amendment (Bullying) Act 2019
Act No. of 2019
s. 4 Part 2 - Criminal Code Act 1924 Amended
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 omitting
Stalking.
from Appendix A and substituting the
following item:
Stalking and bullying.
6
Criminal Code Amendment (Bullying) Act 2019
Act No. of 2019
Part 3 - Community Protection (Offender Reporting) Act 2005 Amended s. 5
PART 3 - COMMUNITY PROTECTION (OFFENDER
REPORTING) ACT 2005 AMENDED
5. Principal Act
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
omitting
Section 192(1) Stalking
and substituting:
Section 192(1) Stalking and bullying
7. Schedule 3 amended (Class 3 offences)
Schedule 3 to the Principal Act is amended by
omitting
Section 192(1) Stalking (if the person against
whom the offence is committed
is a child)
and substituting:
_______________________________________________________________
*No. 61 of 2005
7
Criminal Code Amendment (Bullying) Act 2019
Act No. of 2019
s. 7 Part 3 - Community Protection (Offender Reporting) Act 2005 Amended
Section 192(1) Stalking and bullying (if the
person against whom the offence
is committed is a child)
8
Criminal Code Amendment (Bullying) Act 2019
Act No. of 2019
Part 4 - Family Violence Act 2004 Amended s. 8
PART 4 - FAMILY VIOLENCE ACT 2004 AMENDED
8. Principal Act
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.
_______________________________________________________________
*No. 67 of 2004
9
Criminal Code Amendment (Bullying) Act 2019
Act No. of 2019
s. 10 Part 5 - Justices Act 1959 Amended
PART 5 - JUSTICES ACT 1959 AMENDED
10. Principal Act
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".
_______________________________________________________________
*No. 77 of 1959
10
Criminal Code Amendment (Bullying) Act 2019
Act No. of 2019
Part 6 - Repeal of Act s. 12
PART 6 - REPEAL OF ACT
12. Repeal of Act
This Act is repealed on the first anniversary of
the day on which it commenced.