Tasmanian Bills Fact Sheets Tasmanian Bills Fact Sheets[Index] [Search] [Download] [Bill] [Help]
FACT SHEET
Criminal Code Amendment (Interference with War
Memorials) Bill 2014
This Bill fulfils a pre-election commitment to insert a specific crime of
interfering with a war memorial into the Criminal Code Act 1924.
The Bill inserts a new section 273A into the Code. The new section has
been drafted to ensure that it covers all types of public memorials to
persons who have served or died in any war in which Australians have
been on active service.
There are no specific penalties associated with the new section. Prior to
the election a preference was expressed for the penalty for such crimes
to include one of a restorative nature, such as requiring an offender to
pay for fixing the damage caused or requiring the offender to work with
the RSL on a community service order in relation to this crime.
Requiring an offender to pay compensation for damage done is covered
by section 68(1)(a) of the Sentencing Act 1997 which requires a court to
order an offender to pay for the damage caused where the offence is
one of unlawful damage to property.
Ordering an offender to perform a community service order is an
option under section 7 of the Sentencing Act 1997. Community service
orders are dependent on the offender being assessed as suitable and
there being an appropriate community service program with adequate
supervision available.
The Youth Justice Act 1997 will apply to a young offender and has a range
of restorative just options.