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 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, 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 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 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.