31DIntimidation of a law enforcement officer or a family member of a law enforcement officer

31D Intimidation of a law enforcement officer or a family member of a law enforcement officer

(a) the person uses or procures the use of intimidation towards another person (the victim); and

(b) the victim is a law enforcement officer or a family member of a law enforcement officer; and

(c) the use or procuring of intimidation is for reasons related to the victim being a law enforcement officer or a family member of a law enforcement officer.

(3) For the purposes of subsection (1)(a), a person uses intimidation towards a victim if—

(a) the person engages in conduct that could reasonably be expected to arouse apprehension or fear in the victim for the safety of the victim; and

(i) the person knows that engaging in that conduct would be likely to arouse that apprehension or fear; or

(ii) in all the particular circumstances, the person ought to have known that engaging in that conduct would be likely to arouse that apprehension or fear.

(4) Subsection (3) applies whether or not the conduct arouses apprehension or fear in the victim.

(5) In a proceeding for an offence against subsection (1) it is a defence to the charge for the accused to prove that conduct in respect of a victim referred to in paragraph (d), (e), (f) or (g) of the definition of law enforcement officer in subsection (8) was engaged in 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 the publication, of news or current affairs material); or

(b) for the purposes of an industrial dispute; or

(c) for the purpose of engaging in political activities or discussion or communicating with respect to public affairs.

(6) For the purposes of this section a single act may amount to intimidation.

(7) For the purposes of this section, it is immaterial—

(a) that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria, so long as the victim was in Victoria at the time at which that conduct occurred; or

(b) that the victim was outside Victoria at the time at which some or all of the conduct constituting an offence against subsection (1) occurred, so long as that conduct occurred in Victoria; or

(c) some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria and the victim was outside Victoria at the relevant time or times, so long as the conduct is for reasons related to the victim being a law enforcement officer in Victoria, or a family member of a law enforcement officer in Victoria.