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📜 Criminal Code Amendment (Desecration of War Memorials) Bill 2018

Legislative Council Second ReadingLCBill 1071 November 2018Private Member

The Criminal Code Amendment (Desecration of War Memorials) Bill 2018 amends The Criminal Code to create a new offence for desecrating war memorials. It defines 'war memorial' and 'desecrate', and sets penalties including imprisonment and orders to restore the memorial.

Impact

This bill affects individuals who may vandalise or desecrate war memorials. It aims to protect these memorials and ensure respect for war remembrance, potentially impacting freedom of expression and protest activities near such sites.

Key Changes

["Creates a new offence for desecrating war memorials.", "Defines 'war memorial' and 'desecrate' within the context of the offence.", "Establishes penalties including imprisonment for up to 5 years and orders to restore the desecrated memorial."]

Parliamentary Progress

LC Second Reading MovedLC1 Nov 2018

Affected Sectors

justicepublic_sector

Penalty Provisions6 found

🔒 Max imprisonment: imprisonment for 5 yearscriminal

464(2)Criminalimprisonment

Desecrating a war memorial without lawful or reasonable excuse

Imprisonment: imprisonment for 5 years

“Penalty for this subsection: imprisonment for 5 years.”

464(2)Criminalimprisonment

Desecrating a war memorial without lawful or reasonable excuse (summary conviction)

Imprisonment: imprisonment for 2 years

“Summary conviction penalty for this subsection: imprisonment for 2 years.”

465(1)Criminal

Orders to restore desecrated war memorials

“A court that convicts a person of an offence under section 464 may order the person — (a) to take remedial action to restore the war memorial to the same state as it was in before the offence or to a state specified in the order; or (b) to pay to another person the cost of taking remedial action to restore the war memorial to the same state as it was in before the offence or to a state specified in the order.”

465(2)Criminalcross reference

Application of Sentencing Act 1995 Part 16 Division 1

Ref: Sentencing Act 1995 Part 16 Division 1

“The Sentencing Act 1995 Part 16 Division 1 applies to an order under subsection (1) as if the order were a reparation order as defined in that Part.”

465(3)Criminalcross reference

Non-compliance with order under subsection 465(1)(a)

Ref: Sentencing Act 1995 section 122

“The Sentencing Act 1995 section 122 applies to a person who does not comply with an order made under subsection (1)(a) as if the order were a restitution order made under Part 16 of that Act.”

465(4)Criminalcross reference

Application of Sentencing Act 1995 sections 119 and 119A

Ref: Sentencing Act 1995 sections 119 and 119A

“The Sentencing Act 1995 sections 119 and 119A apply to an order made under subsection (1)(b) as if the order were a compensation order made under Part 16 of that Act.”

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