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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CRIMINAL CODE AMENDMENT
(INTERFERENCE WITH WAR MEMORIALS)
BILL 2014
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Schedule 1 amended (Criminal Code)
273A. Interference with war memorial or war memorial
area
5. Repeal of Act
[Bill 10]-XI
2
CRIMINAL CODE AMENDMENT
(INTERFERENCE WITH WAR MEMORIALS)
BILL 2014
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
24 June 2014
(Brought in by the Premier, the Honourable William Edward
Felix Hodgman)
A BILL FOR
An Act to amend the Criminal Code Act 1924
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:
1. Short title
This Act may be cited as the Criminal Code
Amendment (Interference with War Memorials)
Act 2014.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 10] 3
Criminal Code Amendment (Interference with War Memorials)
Act 2014
Act No. of
s. 3
3. Principal Act
In this Act, the Criminal Code Act 1924* is
referred to as the Principal Act.
4. Schedule 1 amended (Criminal Code)
Schedule 1 to the Principal Act is amended by
inserting the following section after section 273:
273A. Interference 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
*No. 69 of 1924
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Criminal Code Amendment (Interference with War Memorials)
Act 2014
Act No. of
s. 4
memorial in a
manner, or in
circumstances,
likely to cause
offence to a
reasonable person;
and
(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,
likely to cause
offence to a
reasonable person;
or
(iii) otherwise deal
with the war
memorial area in a
manner, or in
circumstances,
likely to cause
offence to a
reasonable person;
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Criminal Code Amendment (Interference with War Memorials)
Act 2014
Act No. of
s. 4
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
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Criminal Code Amendment (Interference with War Memorials)
Act 2014
Act No. of
s. 4
(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 -
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Criminal Code Amendment (Interference with War Memorials)
Act 2014
Act No. of
s. 4
(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.
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Criminal Code Amendment (Interference with War Memorials)
Act 2014
Act No. of
s. 5
5. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 9