Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts4. After section 34 of the Principal Act the following section is inserted:
“34A. (1) A person shall not stalk another person with intent to cause—
(a) apprehension or fear of serious harm in the other person or a third person; or
(b) serious harm to the other person or a third person.
Penalty:
(a) where—
(i) the offence involved a contravention of an injunction or other order made by a court; or
(ii) the offender was in possession of an offensive weapon;
imprisonment for 5 years; and
(b) in any other case—imprisonment for 2 years.
“(2) For the purposes of subsection (1), a person shall be taken to stalk another person if, on at least 2 occasions, he or she—
(a) follows or approaches the other person;
(b) loiters near, watches, approaches or enters a place where the other person resides, works or visits;
(c) keeps the other person under surveillance;
(d) interferes with property in the possession of the other person;
(e) gives or sends offensive material to the other person or leaves offensive material where it is likely to be found by, given to or brought to the attention of, the other person;
(f) telephones or otherwise contacts the other person;
(g) acts covertly in a manner that could reasonably be expected to arouse apprehension or fear in the other person; or
(h) engages in conduct amounting to intimidation, harassment or molestation of the other person.
“(3) In a prosecution for an offence under subsection (1), it is not necessary to prove that the person stalked or a third person, as the case may be, apprehended or feared serious harm.
“(4) In this section—