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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

  1. LC Second Reading MovedLC1 Nov 2018
Affected Sectors
justicepublic_sector

Penalty Provisions4 found

🔒 Max imprisonment: imprisonment for 5 yearscriminal
s. 464(2)Criminalimprisonment

desecrates a war memorial without lawful or reasonable excuse

Imprisonment: imprisonment for 5 years

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.

s. 464(2)Criminalimprisonment

desecrates 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.

s. 465(1)Criminal

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;

s. 465(1)Criminal

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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