New South Wales Consolidated Acts

SUMMARY OFFENCES ACT 1988 - SECT 8

8 Damaging or desecrating protected places

(1) In this section--

"interment site" has the meaning it has in Part 4 of the Cemeteries and Crematoria Act 2013 and includes a memorial (within the meaning of that Act).

"protected place" means a shrine, monument or statue located in a public place, and (without limitation) includes a war memorial or an interment site.

"war memorial" means a war memorial located in a public place, and (without limitation) includes--

(a) the Anzac Memorial in Hyde Park, Sydney, being--

(i) the memorial building referred to in the Anzac Memorial (Building) Act 1923 , and

(ii) the land described in the Schedule to that Act, and

(iii) any other structure on that land, and

(b) any other place prescribed under subsection (4) as a war memorial for the purposes of this section.

(2) A person must not wilfully damage or deface any protected place.

: Maximum penalty--40 penalty units.

(3) A person must not commit any nuisance or any offensive or indecent act in, on or in connection with any war memorial or interment site.

: Maximum penalty--20 penalty units.

(3A) Instead of imposing a fine on a person under this section, the court--

(a) may make a community correction order under section 8 of the Crimes (Sentencing Procedure) Act 1999 that is subject to the standard conditions of a community correction order and to a community service work condition (despite the offence not being punishable by imprisonment), 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.

(4) The regulations may prescribe a place (within a public place) as a war memorial for the purposes of this section, comprising--

(a) a specified shrine, monument, statue or other structure or place, and

(b) a specified area (if any) within its vicinity.