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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Law Consolidation (Protection of War Memorials)
Amendment Bill 2020
A BILL FOR
An Act to amend the
Criminal
Law Consolidation Act 1935
and to make related amendments to the
Graffiti
Control Act 2001
.
Contents
Part 2—Amendment of Criminal Law
Consolidation Act 1935
3Amendment of section
84—Preliminary
85CDesecration of
war memorial
Schedule 1—Related amendment to
Graffiti Control Act 2001
1Amendment of section 10A—Court may make
orders in relation to driver's licences
2Amendment of section 10B—Duty to produce
driver's licence at court
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law Consolidation (Protection of
War Memorials) Amendment Act 2020.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Law Consolidation
Act 1935
3—Amendment
of section 84—Preliminary
(1) Section 84(1)—before the definition of building
insert:
appropriate authority means a State or local government
authority;
(2) Section 84(1)—after the definition of to damage
insert:
desecrate, in relation to a war memorial,
means—
(a) mark graffiti on, damage or move the whole or any part of the war
memorial; or
(b) deal with the war memorial in a way, or in circumstances, that the
person knows, or could reasonably be expected to know, is likely to cause
offence to a reasonable person;
outdoor memorial area means—
(a) an area of land within 20 metres of a war monument that is a public
place used wholly or partly for displaying the war monument; or
(b) a garden, plant or tree that is, or a group of plants or trees that
are, wholly or partly dedicated to war remembrance and that have been lawfully
planted in a public place;
(3) Section 84(1)—after the definition of owner
insert:
war memorial means—
(a) a war monument; or
(b) an outdoor memorial area;
war monument means a building, statute, structure or other
property that is wholly or partly dedicated to war remembrance and is lawfully
erected or installed in a public place (whether on a permanent or temporary
basis);
war remembrance means the remembrance of people
who—
(a) served in war; or
(b) died in war or as a result of any war or warlike operations in which
Australians have been on active service; or
(c) died during or as a result of active service.
After section 85B insert:
85C—Desecration of war
memorial
(1) A person who, without lawful excuse, desecrates a war memorial is
guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(2) A court finding
a person guilty of an offence against this section must—
(a) if the court is
satisfied that a suitable program exists for the taking of remedial action,
under the supervision of an appropriate authority, to restore the war memorial
to the same state as it was in before the offence or to a state specified by the
court and that it will be reasonably practicable for the person to participate
in that program—order that the person participate in that program (and, in
doing so, comply with all reasonable directions of the appropriate authority);
or
(b) in any other
case—order that the person pay another person the cost of taking remedial
action to restore the war memorial to the same state as it was in before the
offence or to a state specified by the court.
(3) An order under
subsection (2)(a)
may be enforced as if it were an order requiring the performance of
community service (and in any enforcement proceedings the court may exercise any
power that it could exercise in relation to an order requiring the performance
of community service).
(4) The court may decline to make an order under
subsection (2)(b)
, or make an order for the payment of a lesser amount, if—
(a) the defendant is aged under 16 years of age; or
(b) the court is otherwise satisfied that the defendant has no means of
paying the amount required under that paragraph.
Schedule 1—Related
amendment to Graffiti Control
Act 2001
1—Amendment
of section 10A—Court may make orders in relation to driver's
licences
Section 10A(3) and (4)—after "section 85" wherever occurring
insert:
or 85C
2—Amendment
of section 10B—Duty to produce driver's licence at
court
Section 10B(3) and (4)—after "section 85" wherever occurring
insert:
or 85C