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

[Bill 5]-VI TASMANIA

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

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CONTENTS PART 1 – PRELIMINARY

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

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[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

1. Short title This Act may be cited as the Police Offences Amendment (Increased Penalties for Damage to Tasmanian War Memorials) Act 2026.
2. 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 Repeal of Act This Act is repealed on the first anniversary of the day on which it commenced.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.

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*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.