Victorian Numbered Acts Victorian Numbered Acts(1) The court may make a final order in respect of a respondent if satisfied on the balance of probabilities that the respondent has stalked another person and is likely to continue to do so or to do so again.
(2) The order may impose on the respondent any restrictions or prohibitions that appear to the court to be necessary or desirable in the circumstances.
(3) A final order may be made in respect of more than one affected person if the court is satisfied in accordance with subsection (1) in respect of each affected person.
(4) Despite subsection (1), the court must not make a final order if satisfied on the balance of probabilities that the respondent engaged in the course of conduct without malice—
(a) in the normal course of a lawful business, trade, profession or enterprise (including that of any body or person whose business, or whose principal business, is the publication, or arranging for the publication, of news or current affairs material); or
(b) for the purpose of an industrial dispute; or
(c) for the purpose of engaging in political activities or discussion or communicating with respect to public affairs.
(5) It is immaterial that some or all of the course of conduct constituting grounds for making an order under subsection (1) occurred outside Victoria, so long as the affected person was in Victoria at the time at which that conduct occurred.
(6) It is immaterial that the affected person was outside Victoria at the time at which some or all of the course of conduct constituting grounds for making an order under subsection (1) occurred, so long as that conduct occurred in Victoria.