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This is a Bill, not an Act. For current law, see the Acts databases.


CRIMINAL CODE AMENDMENT (DESECRATION OF WAR MEMORIALS) BILL 2018

                     Western Australia


Criminal Code Amendment (Desecration of War
            Memorials) Bill 2018

                         Contents

   1.   Short title                                         2
   2.   Commencement                                        2
   3.   Code amended                                        2
   4.   Chapter XLVII inserted                              2
        Chapter XLVII -- Desecration of war memorials
        463.     Terms used                            2
        464.     Desecrating war memorials             3
        465.     Orders to restore desecrated war
                 memorials                             4




                           107--1                           page i
                           Western Australia


                      LEGISLATIVE COUNCIL

               (Introduced by Hon. Charles Smith, MLC)


Criminal Code Amendment (Desecration of War
            Memorials) Bill 2018

                               A Bill for


An Act to amend The Criminal Code.



The Parliament of Western Australia enacts as follows:




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     Criminal Code Amendment (Desecration of War Memorials) Bill 2018



     s. 1




1    1.       Short title
2             This is the Criminal Code Amendment (Desecration of War
3             Memorials) Act 2018.

4    2.       Commencement
5             This Act comes into operation as follows --
6              (a) sections 1 and 2 -- on the day on which this Act
7                    receives the Royal Assent;
8              (b) the rest of the Act -- on the day after that day.

9    3.       Code amended
10            This Act amends The Criminal Code.

11   4.       Chapter XLVII inserted
12            After section 462 insert:
13


14                 Chapter XLVII -- Desecration of war
15                            memorials
16          463.    Terms used
17                  In this Chapter --
18                  outdoor memorial area means --
19                    (a) an area of land that is --
20                             (i) within a 20 metre radius from the war
21                                  monument; and
22                            (ii) used wholly or partly for displaying the
23                                  war monument;
24                          and
25                    (b) a plant or tree that is, or a group of plants or
26                          trees that are, wholly or partly dedicated to war
27                          remembrance; and

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                                                                    s. 4



1              (c)   a public garden or park that is wholly or partly
2                    dedicated to war remembrance;
3            war memorial means --
4              (a) a war monument that is lawfully erected in a
5                    public place; or
6              (b) a building, structure or facility that is partly
7                    dedicated to war remembrance; or
8              (c) an outdoor memorial area;
9            war monument means one of the following objects that
10           is dedicated to war remembrance --
11             (a) a statue, obelisk, cenotaph, plaque, building or
12                   other man-made object;
13             (b) a plinth or base on which an object mentioned
14                   in paragraph (a) is placed;
15           war remembrance means the remembrance of people
16           who --
17             (a) served in war; or
18             (b) died in war or as a result of any war or warlike
19                   operations in which Australians have been on
20                   active service; or
21             (c) died during or as a result of active service.

22   464.    Desecrating war memorials
23     (1)   In this section --
24           desecrate means --
25             (a) in relation to a war memorial that is a war
26                    monument --
27                      (i) destroy, apply graffiti to, damage,
28                           deface or move the war monument; or




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     s. 4



1                            (ii)   otherwise deal with the war monument
2                                   in a way, or in circumstances, that the
3                                   person knows, or could reasonably be
4                                   expected to know, is likely to cause
5                                   offence to a reasonable person;
6                            or
7                     (b) in relation to a war memorial that is not a war
8                            monument --
9                              (i) destroy or apply graffiti to the war
10                                  memorial; or
11                            (ii) damage, deface or otherwise deal with
12                                  the war memorial in a way, or in
13                                  circumstances, that the person knows, or
14                                  could reasonably be expected to know,
15                                  is likely to cause offence to a reasonable
16                                  person;
17                  graffiti has the meaning given in the Graffiti
18                  Vandalism Act 2016 section 3.
19            (2)   A person who, without lawful or reasonable excuse,
20                  desecrates a war memorial is guilty of a crime.
21                  Penalty for this subsection: imprisonment for 5 years.
22                  Summary conviction penalty for this subsection:
23                      imprisonment for 2 years.
24            (3)   Without limiting what may otherwise be a reasonable
25                  excuse under subsection (2), it is a reasonable excuse if
26                  a person desecrates a war memorial with the written
27                  consent of the person who owns the war memorial.

28          465.    Orders to restore desecrated war memorials
29            (1)   A court that convicts a person of an offence under
30                  section 464 may order the person --
31                    (a) to take remedial action to restore the war
32                          memorial to the same state as it was in before


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                                                                          s. 4



1                    the offence or to a state specified in the order;
2                    or
3             (b)    to pay to another person the cost of taking
4                    remedial action to restore the war memorial to
5                    the same state as it was in before the offence or
6                    to a state specified in the order.
7      (2)   The Sentencing Act 1995 Part 16 Division 1 applies to
8            an order under subsection (1) as if the order were a
9            reparation order as defined in that Part.
10     (3)   The Sentencing Act 1995 section 122 applies to a
11           person who does not comply with an order made under
12           subsection (1)(a) as if the order were a restitution order
13           made under Part 16 of that Act.
14     (4)   The Sentencing Act 1995 sections 119 and 119A apply
15           to an order made under subsection (1)(b) as if the order
16           were a compensation order made under Part 16 of that
17           Act.
18


19




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