📜 Criminal Code Amendment (Desecration of War Memorials) Bill 2018
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
Parliamentary Progress
- LC Second Reading MovedLC1 Nov 2018
Penalty Provisions4 found
desecrates a war memorial without lawful or reasonable excuse
“A person who, without lawful or reasonable excuse, desecrates a war memorial is guilty of a crime. Penalty for this subsection: imprisonment for 5 years.”
desecrates a war memorial without lawful or reasonable excuse (summary conviction)
“Summary conviction penalty for this subsection: imprisonment for 2 years.”
Order to take remedial action to restore desecrated war memorial
“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;”
Order to pay cost of remedial action to restore desecrated war memorial
“A court that convicts a person of an offence under section 464 may order the person — (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.”
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