Tasmania bill

Police Offences Amendment (Increased Penalties for Damage to Tasmanian War Memorials) Bill 2026

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Jurisdiction

Tasmania

Making Date

2026-01-01

Collection

bill

Parliamentary Progress

IntroducedFirst ReadingSecond ReadingCommitteePassed HousePassed SenatePassed BothRoyal Assent

Plain English Summary

3/10 complexity

**What this bill does (mechanically)

Raises the criminal penalties for interfering with (damaging, defacing or otherwise tampering with) war memorials in Tasmania by amending section 37AAA of the Police Offences Act 1935. The existing penalty in subsection (1) is removed and replaced with a new penalty range of at least 25 penalty units and up to 500 penalty units, or imprisonment for up to 7 years (see s.5(1A)).
Gives courts a specific, additional sentencing option when someone is convicted of that offence: if the court considers it reasonable it must order a community correction order requiring the offender to perform community service in the locality where the offence occurred; the court may also make any other appropriate sanctions or orders (see s.5(1B)).
Updates the Sentencing Act 1997 so that offending under the new section 37AAA is explicitly included in the definition of "unlawfully injuring property" (see s.7).
The whole Act commences on Royal Assent and contains a sunset clause: it is repealed automatically one year after commencement (see ss.2–3).

Who this affects

Offenders: people who damage, desecrate or otherwise interfere with war memorials in Tasmania will face substantially higher fines or the possibility of a prison term (s.5(1A)), and are more likely to be required to perform community service in the locality of the offence (s.5(1B)).
Courts and magistrates: must apply the new penalty band, consider imposing a community correction order requiring locality-based community service, and may impose other sanctions (s.5(1A)–(1B)).

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Source excerpts

Direct links to excerpts of the current source text in Police Offences Amendment (Increased Penalties for Damage to Tasmanian War Memorials) Bill 2026.

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Document excerpt 1

Police Offences Amendment (Increased Penalties for Damage to Tasmanian War Memorials) Bill 2026

[Bill 5]-VI TASMANIA

POLICE OFFENCES AMENDMENT (INCREASED PENALTIES FOR DAMAGE TO TASMANIAN WAR MEMORIALS) BILL 2026

CONTENTS PART 1 – PRELIMINARY

Short title
Commencement
Repeal of Act PART 2 – POLICE OFFENCES ACT 1935 AMENDED
Principal Act
Section 37AAA amended (Interference with war memorials) PART 3 – SENTENCING ACT 1997 AMENDED
Principal Act
Section 67 amended (Interpretation of Division)

[Bill 5] 3 POLICE OFFENCES AMENDMENT (INCREASED PENALTIES FOR DAMAGE TO TASMANIAN WAR MEMORIALS) BILL 2026 This Public Bill originated in the House of Assembly, and, having this day passed, is now ready for presentation to the Legislative Council for its concurrence. LAURA ROSS, Clerk of the House 18 March 2026 (Brought in by Michael Darrel Joseph Ferguson, MP) A BILL FOR An Act to amend the Police Offences Act 1935 and to consequentially amend the Sentencing Act 1997 Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 – PRELIMINARY

Short title This Act may be cited as the Police Offences Amendment (Increased Penalties for Damage to Tasmanian War Memorials) Act 2026.
Commencement This Act commences on the day on which this Act receives the Royal Assent.

Police Offences Amendment (Increased Penalties for Damage to Tasmanian War Memorials) Act 2026 Act No. of 2026 s. 3 Part 1 – Preliminary 4 3. Repeal of Act This Act is repealed on the first anniversary of the day on which it commenced.

Police Offences Amendment (Increased Penalties for Damage to Tasmanian War Memorials) Act 2026 Act No. of 2026 Part 2 – Police Offences Act 1935 Amended s. 4 5 PART 2 – POLICE OFFENCES ACT 1935 AMENDED 4. Principal Act In this Part, the Police Offences Act 1935* is referred to as the Principal Act. 5. Section 37AAA amended (Interference with war memorials) Section 37AAA of the Principal Act is amended as follows: (a) by omitting the penalty from subsection (1); (b) by inserting the following subsections after subsection (1): (1A) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to – (a) a penalty not less than 25 penalty units and not more than 500 penalty units; or (b) imprisonment for a term not exceeding 7 years.

*No. 44 of 1935

Police Offences Amendment (Increased Penalties for Damage to Tasmanian War Memorials) Act 2026 Act No. of 2026 s. 5 Part 2 – Police Offences Act 1935 Amended 6 (1B) In addition to any other penalty that may be imposed in respect of an offence against subsection (1), the court – (a) if it considers it reasonable in the circumstances, is to make a community correction order, under the Sentencing Act 1997, that requires the person convicted of the offence to perform a period of community service in the community where the offence occurred; and (b) may also impose such other sanctions, and make such other orders, as the court considers appropriate in the circumstances.

Police Offences Amendment (Increased Penalties for Damage to Tasmanian War Memorials) Act 2026 Act No. of 2026 Part 3 – Sentencing Act 1997 Amended s. 6 7 PART 3 – SENTENCING ACT 1997 AMENDED 6. Principal Act In this Part, the Sentencing Act 1997* is referred to as the Principal Act. 7. Section 67 amended (Interpretation of Division) Section 67 of the Principal Act is amended by omitting “section 37 of the Police Offences Act 1935” from the definition of unlawfully injuring property and substituting “section 37 or 37AAA of the Police Offences Act 1935”.

*No. 59 of 1997 Government Printer, Tasmania

Source text

Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.