Criminal Code Amendment (Interference with War Memorials) Act 2014
An Act to amend the Criminal Code Act 1924
[Royal Assent 11 September 2014]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Criminal Code Amendment (Interference with War Memorials) Act 2014 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Criminal Code Act 1924 is referred to as the Principal Act. 4Schedule 1 amended (Criminal Code)Schedule 1 to the Principal Act is amended by inserting the following section after section 273 : 273AInterference with war memorial or war memorial area (1) A person who, without reasonable or lawful excuse, interferes with a war memorial or a war memorial area is guilty of a crime.Charge: Interfering with a war memorial [or a war memorial area]. (2) In this section – interfere, in relation to – (a) a war memorial, means – (i) destroy, damage, move, or deface, the war memorial; or (ii) otherwise deal with the war memorial in a manner, or in circumstances, that the person knows, or ought reasonably be expected to know, is or are likely to cause offence to a reasonable person; or (b) a war memorial area, means – (i) destroy the war memorial area; or (ii) damage, or deface, the war memorial area in a manner, or in circumstances, that the person knows, or ought reasonably be expected to know, is or are likely to cause offence to a reasonable person; or (iii) otherwise deal with the war memorial area in a manner, or in circumstances, that the person knows, or ought reasonably be expected to know, is or are likely to cause offence to a reasonable person; multi-purpose building means a building, structure, or facility, that is intended – (a) for display to the public as a public memorial dedicated to war remembrance; and (b) for use by the public for purposes other than war remembrance; outdoor memorial area means – (a) a public garden, or a public park, that is a public memorial dedicated to war remembrance, whether or not it is also intended to be used by the public for purposes other than war remembrance; and (b) an area of land, surrounding a war memorial, that – (i) ought reasonably to be considered to be intended for the purpose of displaying the war memorial; and (ii) is not more than 20 metres from the closest point of the war memorial; and (c) a public avenue of trees, or plants, that is a public memorial dedicated to war remembrance, whether or not it is also intended to be used by the public for purposes other than war remembrance; and (d) the area beneath or between trees, or plants, to which paragraph (c) applies; war memorial means a war monument that is lawfully erected in a public place and includes – (a) a plinth, or base, on which such a monument is situated; and (b) a war monument that is situated within a war memorial area – but does not include a multi-purpose building; war memorial area means – (a) an outdoor memorial area; and (b) a multi-purpose building – but does not include a war memorial situated in a war memorial area; war monument means a statue, obelisk, cenotaph, plaque, building, or other man-made object, that is intended for display to the public as a public memorial dedicated to war remembrance; war remembrance means for the remembrance of persons, collectively, who – (a) have served in war; or (b) have died in war or as a result of any war or warlike operations in which Australians have been on active service; or (c) have died during or as a result of active service. 5Repeal of ActThis Act is repealed on the three hundred and sixty fifth day from the day on which it commences. [Second reading presentation speech made in:
House of Assembly on 24 JUNE 2014
Legislative Council on 21 AUGUST 2014]