8Damaging or desecrating protected places

#### 8 Damaging or desecrating protected places 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](/view/html/inforce/current/act-2013-105) 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 the memorial area within the meaning of the [Anzac Memorial Act 2025](/view/html/inforce/current/act-2025-076), 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](/view/html/inforce/current/act-1999-092) 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](/view/html/inforce/current/act-1987-056) requiring the person to perform community service work, > > > > as the case requires. > > > (3B) If a person is convicted of an offence under this section in relation to a war memorial, the court may order the person to pay to the person who has control or management of the war memorial compensation of not more than $4,400 for damage or defacement of the war memorial or a loss incurred as a result of the offence. > > > (3C) Compensation payable under subsection (3B) is in addition to any fine or other penalty imposed in relation to the offence. > > > (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. > > **s 8:** Subst 2000 No 26, Sch 1 \[1\]. Am 2007 No 65, Sch 1 \[1\]–\[3\]; 2013 No 105, Sch 6.8 \[1\]–\[3\]; 2017 No 53, Sch 4.26 \[2\]; 2025 No 63, Sch 2; 2025 No 76, Sch 4.3.