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


CRIMINAL CODE AMENDMENT (INTERFERENCE WITH WAR MEMORIALS) BILL 2015

                    Western Australia


Criminal Code Amendment (Interference with
         War Memorials) Bill 2015

                         Contents

  1.   Short title                                           2
  2.   Commencement                                          2
  3.   Act amended                                           2
  4.   Section 446A inserted                                 2
       446A.    Interference with war memorial or war
                memorial area                           2
  5.   Section 446 amended                                   5




                          130--1B                            page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                (Introduced by Mr P. B. Watson, MLA)

 Criminal Code Amendment (Interference with
          War Memorials) Bill 2015

                               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 (Interference with War Memorials) Bill 2015



     s. 1




1    1.       Short title
2             This is the Criminal Code Amendment (Interference with War
3             Memorials) Act 2015.

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 a day fixed by proclamation,
9                    and different days may be fixed for different provisions.

10   3.       Act amended
11            This Act amends the The Criminal Code.

12   4.       Section 446A inserted
13            After section 445 insert:

14          446A.   Interference with war memorial or war memorial
15                  area
16            (1)   A person who, without reasonable or lawful excuse,
17                  interferes with a war memorial or a war memorial area
18                  is guilty of a crime and is liable to imprisonment for
19                  14 years.
20            (2)   In this section --
21                  interfere, in relation to --
22                    (a) a war memorial, means --
23                             (i) destroy, damage, move, or deface, the
24                                   war memorial; or




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     Criminal Code Amendment (Interference with War Memorials) Bill 2015



                                                                            s. 4



1                       (ii)     otherwise deal with the war memorial in
2                                a manner, or in circumstances, that the
3                                person knows, or ought reasonably be
4                                expected to know, is or are likely to
5                                cause offence to a reasonable person; or
6                (b) a war memorial area, means --
7                          (i) destroy the war memorial area; or
8                         (ii) damage, or deface, the war memorial
9                                area in a manner, or in circumstances,
10                               that the person knows, or ought
11                               reasonably be expected to know, is or
12                               are likely to cause offence to a
13                               reasonable person; or
14                       (iii) otherwise deal with the war memorial
15                               area in a manner, or in circumstances,
16                               that the person knows, or ought
17                               reasonably be expected to know, is or
18                               are likely to cause offence to a
19                               reasonable person;
20             multi-purpose building means a building, structure, or
21             facility, that is intended --
22               (a) for display to the public as a public memorial
23                      dedicated to war remembrance; and
24               (b) for use by the public for purposes other than
25                      war remembrance;
26             outdoor memorial area means --
27               (a) a public garden, or a public park, that is a
28                      public memorial dedicated to war
29                      remembrance, whether or not it is also intended
30                      to be used by the public for purposes other than
31                      war remembrance; and




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     Criminal Code Amendment (Interference with War Memorials) Bill 2015



     s. 4



1                    (b)   an area of land, surrounding a war memorial,
2                          that --
3                             (i) ought reasonably to be considered to be
4                                  intended for the purpose of displaying
5                                  the war memorial; and
6                            (ii) is not more than 20 metres from the
7                                  closest point of the war memorial; and
8                    (c) a public avenue of trees, or plants, that is a
9                          public memorial dedicated to war
10                         remembrance, whether or not it is also intended
11                         to be used by the public for purposes other than
12                         war remembrance; and
13                   (d) the area beneath or between trees, or plants, to
14                         which paragraph (c) applies;
15                 war memorial means a war monument that is lawfully
16                 erected in a public place and includes --
17                   (a) a plinth, or base, on which such a monument is
18                         situated; and
19                   (b) a war monument that is situated within a war
20                         memorial area;
21                 but does not include a multi-purpose building;
22                 war memorial area means --
23                   (a) an outdoor memorial area; and
24                   (b) a multi-purpose building;
25                 but does not include a war memorial situated in a war
26                 memorial area;
27                 war monument means a statue, obelisk, cenotaph,
28                 plaque, building, or other man-made object, that is
29                 intended for display to the public as a public memorial
30                 dedicated to war remembrance;




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                                                                               s. 5



1                   war remembrance means for the remembrance of
2                   persons, collectively, who --
3                     (a) have served in war; or
4                    (b) have died in war or as a result of any war or
5                          warlike operations in which Australians have
6                          been on active service; or
7                     (c) have died during or as a result of active service.

8    5.       Section 446 amended
9             In section 446(1) delete "444 or 445" and insert:
10                  444, 445 or 446A
11


12




 


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