War Memorial Legislation Amendment (Increased Penalties) Act 2007 (NSW)

An Act to amend the Summary Offences Act 1988, the Anzac Memorial (Building) Act 1923 and the Anzac Memorial (Building) By-laws 1937 to increase penalties for certain offences relating to war memorials under the Summary Offences Act 1988 and the By-laws; and for other purposes.

1Name of Act

This Act is the War Memorial Legislation Amendment (Increased Penalties) Act 2007.

2Commencement

This Act commences on the date of assent to this Act.

3Amendment of Summary Offences Act 1988 No 25

The Summary Offences Act 1988 is amended as set out in Schedule 1.

4Amendment of Anzac Memorial (Building) Act 1923 No 27

The Anzac Memorial (Building) Act 1923 is amended as set out in Schedule 2.

5Amendment of Anzac Memorial (Building) By-laws 1937

The Anzac Memorial (Building) By-laws 1937 are amended as set out in Schedule 3.

6Repeal of Act(1)

This Act is repealed on the day following the date of assent to this Act.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Amendment of Summary Offences Act 1988

(Section 3)

[1]Section 8 Damaging or desecrating protected places

Omit the penalty provision to section 8 (2). Insert instead:

Maximum penalty: 40 penalty units.

[2]Section 8 (3)

Omit the penalty provision. Insert instead:

Maximum penalty: 20 penalty units.

[3]Section 8 (3A)

Insert after section 8 (3):

(3A)

Instead of imposing a fine on a person under this section, the court:

• (a)

  may make an order under section 8 (1) of the Crimes (Sentencing Procedure) Act 1999 directing the person to perform community service work, or

• (b)

  may make an order under section 5 (1) of the Children (Community Service Orders) Act 1987 requiring the person to perform community service work,

as the case requires.

Schedule 2Amendment of Anzac Memorial (Building) Act 1923

(Section 4)

[1]Section 9 By-laws

Omit “20 penalty units” from section 9 (3). Insert instead “40 penalty units”.

[2]Section 9 (4A)

Insert after section 9 (4):

(4A)

Instead of imposing a fine on a person for an offence under a by-law that results in damage to, or the defacing of, the Memorial Building or any part of the land described in the Schedule, the court:

• (a)

  may make an order under section 8 (1) of the Crimes (Sentencing Procedure) Act 1999 directing the person to perform community service work, or

• (b)

  may make an order under section 5 (1) of the Children (Community Service Orders) Act 1987 requiring the person to perform community service work,

as the case requires.

[3]Section 11 Compensation

Omit “20 penalty units” from section 11 (1). Insert instead “40 penalty units”.

Schedule 3Amendment of Anzac Memorial (Building) By-laws 1937

(Section 5)

[1]By-laws 10, 11 and 13–15

Omit the penalty provision to By-laws 10, 11 and 13–15. Insert instead:

Maximum penalty: 20 penalty units.

[2]By-law 12

Omit the penalty provision to By-law 12. Insert instead:

Maximum penalty: 40 penalty units.